IPC 295A → BNS 299: Insulting Religion

IPC 295A (now BNS 299): Insulting Religion

IPC Section 295A punished deliberate and malicious acts intended to outrage the religious feelings of any class of citizens of India by insulting their religion or religious beliefs. From 1 July 2024 it continues as Section 299 of the Bharatiya Nyaya Sanhita (BNS) 2023, within the chapter on offences relating to religion.

Punishment under BNS 299

Imprisonment of either description for a term which may extend to three years, or with fine, or with both. The provision demands a high mental threshold: the act must be done with deliberate and malicious intention to outrage religious feelings. Careless, unintentional or good-faith remarks, and genuine academic or critical discussion, fall outside its reach.

What changed from IPC to BNS?

The decisive change is that BNS 299 expressly extends the offence to electronic communication. IPC 295A reached words "either spoken or written", signs and visible representations; BNS 299 adds the words "or through electronic means", so that social-media posts, videos, images, messages and other digital content fall squarely within the section. The maximum punishment of three years and the demanding requirement of deliberate and malicious intent are retained; the modes of commission are broadened and the section renumbered from 295A to 299.

Worked example

A uploads a video to social media that deliberately and maliciously insults a religion in order to inflame a community. Under IPC 295A, prosecutors had to argue that online conduct fitted within "writing" or a "visible representation"; under BNS 299 the post is directly covered as communication "through electronic means", and A faces up to three years, fine, or both — provided the malicious intention to outrage religious feelings is proved.

Practical notes

• For advocates: the gravamen is deliberate and malicious intent aimed at a class of citizens; mens rea is decisive, and courts read the section narrowly to protect free speech. Related religion offences include defiling a place of worship (IPC 295 to BNS 298) and wounding religious feelings (IPC 298 to BNS 302).
• For the accused / citizens: the offence is cognizable and non-bailable. Good-faith criticism, satire or scholarly debate without malicious intent is not covered, but deliberately inflammatory online content now plainly is.