Section 299 BNS: Deliberate and Malicious Acts Intended to Outrage Religious Feelings (Formerly Section 295A IPC)

Section 299 of Bharatiya Nyaya Sanhita: Deliberate and Malicious Acts Intended to Outrage Religious Feelings

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 299

Section 299 of the BNS, 2023 penalises deliberate and malicious acts intended to outrage religious feelings of any class of citizens by insulting its religion or religious beliefs, through words, signs, or visible representations (replacing Section 295A IPC).

Outraging Religious Feelings: Insulting or attempting to insult the religion or religious beliefs of any class of citizens of India.
Deliberate and Malicious Intent: The insult must not be casual, inadvertent, or bona fide criticism; it must be calculated, deliberate, and malicious.
Medium of Expression: Spoken or written words, signs, visible representations, or electronic communications.

Key Landmark Precedents:

Ramji Lal Modi v. State of U.P. AIR 1957 SC 620: The 5-Judge Constitution Bench upheld the constitutional validity of Section 295A IPC, ruling that it does not penalise every insult to religion, but only aggravated forms of insult perpetrated deliberately and maliciously to outrage religious feelings.
Mahendra Singh Dhoni v. Yerkuntla Srinivasulu (2017) 7 SCC 760: The Supreme Court quashed criminal proceedings against a celebrity depicted as a Hindu deity on a magazine cover, holding that Section 295A requires deliberate, calculated malice, not unintentional commercial imagery.
Amish Devgan v. Union of India (2021) 1 SCC 1: The Supreme Court distinguished between 'hate speech' targeting communities with malicious intent and bona fide, vigorous public debate or scholarly commentary.

Courtroom Practice & Strategic Litigation Guidance:

Mandatory procedure: Prior government sanction under Section 218 BNSS (old Section 196 CrPC) is mandatory before a court can take cognizance under Section 299 BNS. If cognizance was taken without state sanction, file an immediate quashing petition under Section 528 BNSS.

Section 299: Deliberate and Malicious Acts Intended to Outrage Religious Feelings

Section 299 of Bharatiya Nyaya Sanhita: Deliberate and Malicious Acts Intended to Outrage Religious Feelings

Legal Commentary & Landmark Judgments: Section 299