This Article is written by Aashish Sood , a student of Final year student at Rayat Bahra University School of Law during his internship with LeDroit India.
Keywords:
Blasphemy, religious offences, Indian Penal Code, freedom of religion, hate speech, secularism.
1.Abstract
Religious offences in India have been a subject of legal and societal debate, especially in a secular nation where multiple faiths coexist. The Indian Penal Code (IPC) under Sections 295-298 defines and penalizes acts that harm religious sentiments, incite hatred, or disturb communal harmony. These provisions aim to maintain peace while balancing freedom of speech and religious rights. However, the misuse of these laws often leads to legal challenges and conflicts between fundamental rights. This article critically examines various offences relating to religion under IPC, explores relevant landmark case laws, and discusses the evolving judicial interpretations shaping India’s secular fabric.
2.Introduction
Religious diversity is a cornerstone of Indian society, yet conflicts over religious sentiments have led to numerous legal disputes. The Constitution of India guarantees freedom of religion under Articles 25-28, ensuring individuals’ rights to profess, practice, and propagate religion. However, to prevent religious disharmony, the IPC criminalizes certain acts that offend religious beliefs. These provisions reflect a delicate balance between freedom of speech and religious protection, leading to complex legal interpretations.
3.Offences Relating to Religion Under the IPC ( Old Law)
A. Section 295 – Injuring or Defiling Places of Worship
•Section 295 of IPC penalizes deliberate acts of damaging or defiling places of worship with the intent to insult a religion.
•Illustration: Destroying idols inside a temple or defacing a mosque amounts to an offence under this section.
B. Section 295A – Deliberate and Malicious Acts Intended to Outrage Religious Feelings
•This section is one of the most controversial, as it penalizes deliberate insults to religion or religious beliefs.
•Illustration: Publishing caricatures or writing content that mocks a particular religion.
Case Law: Mahendra Singh Dhoni v. Yerraguntla Shyamsundar (2017)
•Dhoni was accused under Section 295A for an offensive magazine cover portraying him as Lord Vishnu. The court dismissed the case, stating there was no deliberate intention to insult religion.
C. Section 296 – Disturbing Religious Assemblies
•Prohibits voluntarily causing disturbances at lawful religious gatherings.
•Illustration: Disrupting prayers at a mosque, temple, or church.
D. Section 297 – Trespassing on Burial Grounds
•Penalizes trespassing on burial places with intent to insult religion.
•Illustration: Vandalizing graveyards or exhuming bodies.
E. Section 298 – Uttering Words with Deliberate Intent to Hurt Religious Feelings
•Punishes spoken or written words intended to hurt religious sentiments.
•Illustration: Publicly insulting religious scriptures or prophets.
4. Judicial Interpretation and Case Law
Recent Case: Munawar Faruqui Case (2021)
•Stand-up comedian Munawar Faruqui was arrested for allegedly offending religious sentiments in a performance, raising concerns over the misuse of Section 295A.
5. Offences Relating to Religion under Bharatiya Nyaya Sanhita (BNS), 2023
A. Section 196 – Injuring or Defiling Places of Worship
•Replaces Section 295 of IPC.
•Penalizes acts of damaging or defiling places of worship with intent to insult a religion.
•Illustration: Vandalizing a mosque, desecrating a temple, or defacing a church.
Landmark Case: Ramji Lal Modi v. State of U.P. (1957)
•The Supreme Court upheld restrictions on freedom of speech when necessary to prevent religious disharmony.
B. Section 197 – Deliberate and Malicious Acts Intended to Outrage Religious Feelings
•Replaces Section 295A of IPC.
•Criminalizes deliberate insults to religious beliefs to prevent communal tensions.
•Illustration: Publishing derogatory material about religious deities or symbols.
Case Law: Mahendra Singh Dhoni v. Yerraguntla Shyamsundar (2017)
•The Supreme Court ruled that intent to offend religious sentiments must be established beyond reasonable doubt.
C. Section 198 – Disturbing Religious Assemblies
•Retains provisions similar to Section 296 of IPC.
•Punishes those who intentionally disrupt lawful religious gatherings.
•Illustration: Creating a disturbance during a religious procession or ceremony.
D. Section 199 – Uttering Words with Deliberate Intent to Hurt Religious Feelings
•Replaces Section 298 of IPC.
•Criminalizes spoken or written words intended to offend religious sentiments.
•Illustration: Publicly mocking religious texts or figures in an offensive manner.
E. The Constitution of India grants freedom of speech under Article 19(1)(a), subject to reasonable restrictions under Article 19(2). Courts have emphasized that protecting religious sentiments should not infringe upon free speech.
6. Critical Issues:
1.Misuse of Laws – Often used to suppress dissent or harass individuals.
2.Blasphemy vs. Satire – Determining the thin line between criticism and religious offence.
3.Judicial Challenges – Courts must ensure laws are not used arbitrarily.
7. Comparative Analysis with International Laws
•Blasphemy laws in other countries:
•Pakistan – Strict blasphemy laws with severe punishments.
•USA & UK – Freedom of speech vs. hate speech laws.
•Middle Eastern Countries – Religious laws based on Sharia.
8. Conclusion
The Indian Penal Code plays a crucial role in preventing religious conflicts, but its provisions must be applied carefully to uphold constitutional values. Offences relating to religion should be addressed in a manner that respects secularism, maintains public order, and protects freedom of expression. The judiciary must strike a balance between protecting religious sentiments and preventing misuse of these laws. With evolving social and legal landscapes, judicial interpretations will continue to shape the role of religion in law and society.
8. References
•Ramji Lal Modi v. State of U.P. (1957)
