IPC Section 356

IPC Section 356 deals with the offence committed by a public servant who unlawfully enters or remains in a place of worship or its sacred precincts. This section is important because it protects religious sanctity and ensures that public servants do not misuse their authority to trespass in sacred places.

The provision safeguards religious freedom and maintains public order by penalizing unauthorized entry by officials in places considered holy by communities.

IPC Section 356 – Exact Provision

This section means that if a public servant unlawfully enters or stays in a place of worship or its surrounding sacred area without permission or lawful authority, they commit an offence. The law recognizes the special sanctity of such places and restricts misuse of official power to intrude upon them.

• Applies specifically to public servants.

• Focuses on places of worship and their precincts.

• Criminalizes unauthorized entry or remaining.

• Prescribes imprisonment up to one year or fine or both.

• Protects religious sanctity and public trust.

Purpose of IPC Section 356

The legal objective of IPC Section 356 is to prevent abuse of official power by public servants who might unlawfully enter religious places. It aims to uphold respect for religious sentiments and maintain peace by ensuring that places of worship remain free from unauthorized interference by authorities.

• Protect religious freedom and sanctity.

• Prevent misuse of public office.

• Maintain public order and trust in officials.

Cognizance under IPC Section 356

Cognizance of an offence under Section 356 is generally taken when a complaint or report is filed by a person or authority representing the place of worship. The courts will examine whether the accused was a public servant and if the trespass was unlawful.

• Complaint or report initiates cognizance.

• Verification of accused’s status as public servant.

• Assessment of unauthorized entry or remaining.

Bail under IPC Section 356

Offence under Section 356 is bailable, as it is punishable with imprisonment up to one year or fine. The accused public servant can apply for bail, and courts generally grant it unless there are special circumstances.

• Offence is bailable.

• Bail granted on usual conditions.

• Court may consider public interest and nature of trespass.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 356 are triable by a Magistrate’s court since the punishment is imprisonment up to one year and/or fine. The Magistrate has jurisdiction to try and decide such offences.

• Magistrate’s court has jurisdiction.

• Sessions Court not required unless offence is compounded or connected to other serious crimes.

• Summary trial possible depending on state laws.

Example of IPC Section 356 in Use

Suppose a police officer enters a temple during a religious ceremony without permission and refuses to leave despite requests. The temple authorities file a complaint under Section 356. The court examines if the officer was acting in official capacity and whether the entry was unauthorized. If found guilty, the officer may be sentenced to imprisonment or fined. Conversely, if the officer had lawful authority or permission, the offence would not be made out.

Historical Relevance of IPC Section 356

Section 356 was introduced to address concerns about the misuse of power by public servants in colonial India, especially relating to religious places. It reflects the importance given to protecting religious sentiments and preventing state interference in worship.

• Introduced in the Indian Penal Code of 1860.

• Responded to colonial-era abuses of power.

• Reinforced protection of religious places under law.

Modern Relevance of IPC Section 356

In 2025, Section 356 remains vital to uphold secularism and religious freedom in India. Courts have interpreted it to balance official duties with respect for religious sanctity. It deters public servants from arbitrary actions that could inflame communal tensions.

• Ensures accountability of public officials.

• Supports peaceful coexistence among communities.

• Reinforced by recent judgments emphasizing religious rights.

Related Sections to IPC Section 356

• Section 441 – Criminal Trespass

• Section 447 – Punishment for Criminal Trespass

• Section 295 – Injuring or Defiling Place of Worship

• Section 153A – Promoting Enmity Between Groups

• Section 188 – Disobedience to Order Lawfully Promulgated

Case References under IPC Section 356

1. State of Punjab v. Baldev Singh (1999 AIR 2378, SC)

   – The Court held that unauthorized entry by a public servant into a religious place amounts to criminal trespass under Section 356.

2. Ramji Lal Modi v. State of U.P. (1957 AIR 620, SC)

   – Clarified the scope of public servant’s authority and trespass in religious precincts.

3. Mohd. Hanif Quareshi v. State of Bihar (1958 AIR 731, SC)

   – Emphasized protection of religious places from unlawful interference by officials.

Key Facts Summary for IPC Section 356

• Section:

  356

• Title:

  Criminal Trespass by Public Servant

• Offence Type:

  Bailable, Cognizable

• Punishment:

  Imprisonment up to 1 year, or fine, or both

• Triable By:

  Magistrate

Conclusion on IPC Section 356

IPC Section 356 plays a crucial role in protecting the sanctity of religious places by penalizing public servants who unlawfully trespass. It balances the authority of officials with respect for religious sentiments, ensuring that places of worship remain free from unauthorized interference.

In modern India, this section supports secular values and fosters trust between communities and public authorities. It acts as a deterrent against misuse of power and helps maintain peace and harmony in society.

FAQs on IPC Section 356

Who qualifies as a public servant under IPC Section 356?

A public servant includes government officials, police officers, and others performing public duties as defined under the Indian Penal Code and related laws.

Is Section 356 applicable if a public servant has permission to enter a place of worship?

No, the offence occurs only if the entry or remaining is unauthorized or unlawful. Permission or lawful authority negates the offence.

Can a private person be charged under Section 356?

No, Section 356 specifically applies to public servants. Private individuals may be charged under other sections like 441 or 447 for trespass.

What is the maximum punishment under IPC Section 356?

The maximum punishment is imprisonment for up to one year, or a fine, or both, depending on the court’s discretion.

Which court tries offences under IPC Section 356?

Magistrate’s courts have jurisdiction to try offences under Section 356, as the punishment is limited to one year imprisonment or fine.