Theoretical overview
Religion and its literal sense mean a belief in and worship of a superhuman power or powers specially a God. There are certain actions which can be considered as an offence against the religious belief which are mentioned under chapter XV of the Indian penal code and these provisions are given from section 295 to 298.
To understand different offences against religion, it can be divided into three parts, namely: –
- Offences which destroy or defile religious places (section 295 & 297)
- Offences which outrage religious feelings (section 295A & 298)
- Offences that disturb religious assembly (section 296)
As per section 295, any action with the intention of insulting or with the knowledge that it is likely to insult class of people by destroying or damaging or defiling their place of worship, constitutes an offence which may lead to the imprisonment that may extend to 2 years or a fine or both.
For example- a Muslim enters a Hindu temple with footwears to save the child who fell in the pond, here he cannot be held liable for the offence under 295 as he had no intention to insult any belief of any class of people.
The point to be noted here is that the destruction/define/damage does not only mean physically or materially but also making property dirty, unclean or foul anything that could affect the pure state of mind.
As per section 297 trespassing on burial places is also an offence. Whoever commits any trespass in any place of worship or at any place of sepulture with intention to disturb the feelings or offers any indignity to any human Corpse or causes disturbance to any person assembled for the performance of burial ceremony commits an offence. Here, the word trespass means an unjustifiable intrusion upon a property that is in the control of another.
Section 295A states, whoever does any deliberate and malicious act which intend to outrage the religious feeling of any class constitutes an offence. Whoever by words either spoken or written or by signs or by visible representation or otherwise insults or attempts to insult the religious beliefs with deliberate and malicious intention of outraging the belief can be held liable for the term which may extent to 3 years or fine or both.
The point which should be noted here is that section 295 talks about outraging religious beliefs of any class while section 298 talks about outraging the religious feelings of any particular person. Under section 298. The feelings can be outraged by uttering words or by making any sound in the hearing of that person or making any gesture in the sight of that person or places or any object in the sight of that person.
Section 296 makes disturbing the religious assembly an offence. Whoever voluntarily disturb any assembly which has been lawfully engaged in the performance of a religious worship can be held liable for the term which may extend to 1 year or fine or both.
Relevant sections
Section 295 – Injuring or defiling place of worship, with intent to insult the religion of any class.
Section 295A – Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
Section 296 – Disturbing religious assembly. – whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 297 – Trespassing on burial places, etc.—Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulcher, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 298 – Uttering, words, etc., with deliberate intent to wound the religious feelings of any person.—Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places, any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Important case laws
Ramji Lal Modi v State of Uttar Pradesh – the constitutional validity of section 295A was challenged on the ground that it was violative of the fundamental right to freedom of speech and expression guaranteed in art 19(2) of the constitution. Upholding the constitutional validity of section 295A, the constitutional bench of supreme court ruled that section 295a is enacted in the interest of the public order, and it penalizes not any and every insult to religion but only the deliberate and malicious outraging religious of a class of persons.
Points to remember
- Offence against the religious belief which are mentioned under chapter XV of the Indian penal code and these provisions are given from section 295 to 298.
- As per section 295, any action with the intention of insulting or with the knowledge that it is likely to insult class of people by destroying or damaging or defiling their place of worship, constitutes an offence
- As per section 297 trespassing on burial places is also an offence
- Section 295A states, whoever does any deliberate and malicious act which intend to outrage the religious feeling of any class constitutes an offence
- Section 296 makes disturbing the religious assembly an offence
