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KembaraXtra - Bharatiya Nyaya Sanhita - Section 354: Act Caused by Inducing a Person to Believe that He Will Be Rendered an Object of Divine Displeasure
Q1. What does Section 354 of the Bharatiya Nyaya Sanhita provide?
Answer:
Section 354 of the Bharatiya Nyaya Sanhita, 2023 (BNS) makes it an offence to coerce or influence a person by exploiting that person's religious beliefs or fear of divine punishment.
A person commits this offence when he or she voluntarily causes, or attempts to cause, another person:
- To do something which the person is not legally bound to do; or
- To omit doing something which the person is legally entitled to do,
by inducing that person to believe that he, she, or any person in whom he or she is interested will become an object of Divine displeasure if the demand is not obeyed.
The provision protects individuals from being manipulated through religious fear or superstition.
Example / Application:
A religious leader falsely tells a devotee that unless the devotee transfers property to him, God will curse the devotee's family. Such conduct may amount to an offence under Section 354.
Q2. What is the object of Section 354?
Answer:
The object of Section 354 is to prevent coercion based upon religious fear rather than physical force or legal authority.
The law recognises that some persons may be influenced by genuine religious beliefs. It therefore prohibits anyone from exploiting those beliefs to compel another person to act against his or her legal rights.
The provision protects:
- Freedom of choice.
- Freedom of religion.
- Personal liberty.
- Property rights.
- Legal rights.
Example / Application:
A person threatens a villager that unless the villager signs a document transferring land, the gods will punish the villager's children. The law treats such coercion as criminal.
Q3. Which provision of the Indian Penal Code corresponds to Section 354 of the Bharatiya Nyaya Sanhita?
Answer:
Section 354 of the Bharatiya Nyaya Sanhita, 2023 corresponds to Section 508 of the Indian Penal Code, 1860.
The provision has been retained without any substantive change. The language and legal principles remain the same.
Example / Application:
The offence under Section 354 BNS is interpreted in substantially the same manner as it was under Section 508 IPC.
Q4. What are the essential ingredients of the offence under Section 354?
Answer:
To establish an offence under Section 354, the prosecution must prove the following ingredients:
- The accused voluntarily caused or attempted to cause another person to act.
- The accused intended to make the person:
- Do something which the person was not legally bound to do, or
- Omit doing something which the person was legally entitled to do.
- The accused induced or attempted to induce the person to believe that:
- The person himself or herself, or
- Someone in whom the person is interested,
would become an object of Divine displeasure.
- The belief in Divine displeasure was used as the means of coercion.
All these ingredients must ordinarily be established.
Example / Application:
A person tells another that unless she withdraws a lawful court case, divine punishment will fall upon her parents. This may satisfy the ingredients of Section 354.
Q5. What is meant by "Divine displeasure"?
Answer:
Divine displeasure refers to the belief that God, a deity, or a higher spiritual power will become angry or displeased because of a person's actions or omissions.
In many religious traditions, people believe that offending divine powers may result in:
- Misfortune.
- Illness.
- Loss of wealth.
- Family suffering.
- Spiritual punishment.
- Other adverse consequences.
Section 354 does not concern whether such beliefs are true or false. Instead, it punishes those who exploit such beliefs to compel another person to act against his or her legal rights.
Example / Application:
A self-proclaimed spiritual healer tells a family that unless they donate all their savings, their ancestors will curse them. The threat relies upon fear of Divine displeasure.
Q6. Is actual Divine displeasure necessary to constitute the offence?
Answer:
No.
The prosecution is not required to prove that Divine displeasure actually exists or would occur.
The offence is complete if the accused:
- Induces or attempts to induce another person to believe that Divine displeasure will result; and
- Uses that belief to compel the person to act or refrain from acting.
Thus, the offence focuses on the accused's method of coercion rather than religious doctrine.
Example / Application:
A person falsely claims supernatural powers and threatens divine punishment to compel another to execute a document. Whether the threat is spiritually true is legally irrelevant.
Q7. What do the statutory illustrations explain?
Answer:
The Bharatiya Nyaya Sanhita provides two illustrations explaining how the offence may be committed.
Illustration (a) – Dharna
A sits dharna at Z's door intending others to believe that by doing so he renders Z an object of Divine displeasure.
The purpose is to pressure Z into complying through fear of religious consequences.
This amounts to the offence under Section 354.
Illustration (b) – Threat to Kill One's Own Child
A threatens Z that unless Z performs a certain act, A will kill A's own child under circumstances where the killing would be believed to make Z an object of Divine displeasure.
Although the threatened act is directed towards A's own child, the intention is to force Z through religious fear.
This also amounts to an offence under Section 354.
Example / Application:
A religious impostor threatens to perform a ritual sacrifice unless a family pays money, claiming the family will incur divine wrath if they refuse. This resembles the principle illustrated in the section.
Q8. What is the punishment under Section 354?
Answer:
A person convicted under Section 354 may be punished with:
- Imprisonment of either description for a term which may extend to one year; or
- Fine; or
- Both imprisonment and fine.
The court may impose punishment according to the seriousness of the offence and the surrounding circumstances.
Example / Application:
A person who repeatedly threatens villagers with divine punishment unless they surrender their property may be sentenced to imprisonment, fine, or both.
Q9. Why is Section 354 important?
Answer:
Section 354 protects individuals from psychological and religious coercion.
Instead of physical force, the offender exploits religious beliefs to influence another person's decisions.
The provision safeguards:
- Freedom of conscience.
- Freedom of religion.
- Personal autonomy.
- Property rights.
- Legal rights.
- Protection against fraudulent spiritual manipulation.
It ensures that religion cannot be misused as a tool of unlawful compulsion.
Example / Application:
A fraudulent spiritual adviser threatens devotees with divine curses unless they donate valuable property. Section 354 protects victims from such exploitation.
Key Provisions (Study Notes)
Section 354 BNS
Equivalent to Section 508 IPC.
The language and legal principles remain unchanged.
Essential Ingredients
- The accused voluntarily causes or attempts to cause another person to act.
- The act is one which the person is not legally bound to do, or the omission concerns something the person is legally entitled to do.
- The accused induces belief in Divine displeasure.
- The belief is used as the means of coercion.
Meaning of Divine Displeasure
Divine displeasure refers to the belief that:
- God or a deity is angry.
- Spiritual punishment will occur.
- Misfortune or suffering will result because divine will has been offended.
The offence concerns the misuse of this belief, not the truth of the religious doctrine.
Statutory Illustrations
- (a) Sitting dharna to create fear of Divine displeasure.
- (b) Threatening to kill one's own child to make another believe divine punishment will follow.
Punishment
- Imprisonment of either description up to one year; or
- Fine; or
- Both.
Key Takeaway
Section 354 of the Bharatiya Nyaya Sanhita, 2023 criminalises the act of coercing a person by inducing fear of Divine displeasure. A person commits the offence by voluntarily causing or attempting to cause another person to do something that the law does not require or to refrain from exercising a legal right, through threats of divine punishment directed at the person or someone in whom the person is interested. The provision, which is identical to Section 508 of the Indian Penal Code, 1860, protects individuals from religious manipulation, psychological coercion, and the misuse of spiritual beliefs, thereby safeguarding personal liberty, freedom of conscience, and the lawful exercise of legal rights.
