Section 299 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 299 of the Bharatiya Nyaya Sanhita (BNS), 2023 — part of Chapter XVI: Offences Relating to Religion:
📜 Section 299 – Deliberate and Malicious Act Outraging Religious Feelings
Offence Defined:
Anyone who, with deliberate and malicious intent, seeks to outrage the religious feelings of any class of citizens of India—by spoken or written words, signs, visible representations, electronic means, or any other means—insults or attempts to insult the religion or religious beliefs of that class (sudhirrao.com).
⚖️ 📝 Punishment & Criminal Classifications
Imprisonment: Up to 3 years (simple or rigorous)
Fine: At the court’s discretion
Or both (reddit.com, sudhirrao.com)
Cognizable: ✅ Yes (police can arrest without warrant) (lawrato.com)
Bailable: ❌ No (non-bailable; bail at court’s discretion) (testbook.com)
Triable By: ⚖️ First-Class Magistrate
🧭 📚 Context & Comparisons
Modernizing IPC 295A: This section aligns with the previous IPC provision that penalized actions offending religious feelings, with enhancements for clarity and scope (testbook.com).
Broader Scope: Explicitly includes electronic means, reflecting responsiveness to social media and digital communications (testbook.com).
Legal Threshold: Its focus on deliberate and malicious intention ensures that mere criticism or satire without hostile intent isn't necessarily criminal.
✅ Summary Table
Feature | Details |
---|---|
Offence | Intentional insult to religious feelings |
Imprisonment | Up to 3 years |
Fine | Discretionary |
Cognizable | Yes |
Bailable | No – non-bailable |
Triable By | Magistrate First Class |
This section is central to safeguarding communal harmony, ensuring legal accountability for provocation through insulting religious content—especially where malicious intent is clear.
Would you like:
A side-by-side comparison with IPC’s Section 295A,
Judicial interpretations or landmark cases under this provision,
0 comments