Bharatiya Nyaya Sanhita, 2023
Section 299
Deliberate and malicious acts, intended to outrage religious feelings of any class by
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Why this exists
Corresponding to the well-known old IPC Section 295A, this provision aims to prevent deliberate, malicious attacks on religious sentiments that can spark communal unrest, while requiring proof of deliberate and malicious intent so that genuine criticism, academic discussion, or satire without such intent is not automatically criminalised.
How courts read it
Courts have consistently held that this offence requires deliberate and malicious intention to outrage religious feelings — mere hurt feelings or offensive statements made without that specific intent, such as academic critique or artistic expression, do not automatically attract this section.
Common misconceptions
- Myth: Any statement that offends religious sentiments, even unintentionally, is punishable under this section.
Fact: The law specifically requires a deliberate and malicious intention to outrage religious feelings — accidental offence or genuine scholarly criticism without that intent generally falls outside this section.