Section Overview
Section Number:
IPC Section 298
Section Title:
Uttering Words, etc., with Deliberate Intent to Wound Religious Feelings
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with similar provisions relating to religious sentiments and intentional insult continuing in substance.
Applicability:
IPC Section 298 applies when a person:
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Utters words;
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Makes sounds;
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Uses gestures;
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Acts deliberately to wound religious feelings of another person;
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Intends to insult or offend religious beliefs.
This section focuses on intentional acts targeting religious sentiments.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 298 ka simple matlab hai ki agar koi vyakti jaanbujhkar aise words bole, gestures kare ya sounds nikale jisse kisi ka religious belief hurt ho, to woh crime hai.
Simple words mein:
"Jaanbujhkar kisi ki religious feelings hurt karna illegal hai."
Legal Definition (Original Law Text)
IPC Section 298 states in substance:
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, shall be punished.
Practical Interpretation
Courts generally examine:
Deliberate Intention
The accused must:
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Act intentionally;
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Have clear purpose to hurt religious sentiments;
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Not act accidentally.
Forms of Expression
The offence may include:
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Spoken words;
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Sounds or noises;
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Gestures or actions.
Impact on Victim
The act must:
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Reach the victim;
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Be capable of hurting religious feelings;
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Be perceived as offensive.
Why IPC Section 298 Was Introduced?
India is a diverse religious society.
The provision aims to:
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Prevent intentional religious insults;
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Protect individual religious sentiments;
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Maintain peace and harmony;
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Reduce communal tensions.
Importance of the Provision
IPC Section 298 ensures:
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Protection of religious feelings;
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Prevention of targeted insults;
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Social harmony;
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Respect for diversity of beliefs.
Relation with Other IPC Sections
IPC Section 295
Deals with defiling places of worship.
IPC Section 296
Deals with disturbing religious assemblies.
IPC Section 297
Deals with trespass in burial places.
IPC Section 298
Deals with personal religious insult via words or gestures.
Together, they form a complete framework for religious protection.
Punishment & Legal Classification
Punishment
IPC Section 298 provides:
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Imprisonment up to 1 year; OR
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Fine; OR
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Both.
Bailable / Non-Bailable
Bailable.
Cognizable / Non-Cognizable
Non-Cognizable.
Compoundable
Generally Compoundable.
Triable By
Any Magistrate.
IPC ↔ BNS Mapping
IPC Section
IPC Section 298
BNS Equivalent
Bharatiya Nyaya Sanhita includes corresponding provisions relating to:
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Intentional insult to religion;
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Protection of religious sentiments;
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Hate speech-related conduct.
Status
IPC repealed and replaced by BNS.
However, protection of religious sentiments continues under modern law.
Real-Life Examples
Example 1: Offensive Religious Gesture
A person intentionally makes offensive gestures in front of a religious individual to insult their beliefs.
IPC Section 298 may apply.
Example 2: Insulting Words in Public
A person deliberately uses insulting religious words to hurt another person’s sentiments.
This falls under Section 298.
Example 3: Mocking Religious Practices
An individual intentionally mocks religious rituals in front of followers to provoke or insult them.
The offence under IPC Section 298 may be committed.
Landmark Judgments
Case Name:
Ramji Lal Modi v. State of Uttar Pradesh
Court:
Supreme Court of India
Key Takeaway:
Restrictions on speech intended to harm religious sentiments are constitutionally valid.
Case Name:
Manzar Sayeed Khan v. State of Maharashtra
Court:
Supreme Court of India
Key Takeaway:
Intent is a crucial factor in offences relating to religious insult.
Case Name:
S. Rangarajan v. P. Jagjivan Ram
Court:
Supreme Court of India
Key Takeaway:
Freedom of expression is subject to reasonable restrictions in the interest of public order and religion.
Legal Insights
When Is This Section Applied?
IPC Section 298 is applied when:
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Religious feelings are deliberately targeted;
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Words, sounds, or gestures are used;
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Victim’s sentiments are intentionally hurt;
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Clear intention of insult exists.
Common Misuse Scenarios
Misinterpretation of Speech
Statements wrongly interpreted as intentional insult.
Lack of Intent Ignored
Accidental words treated as deliberate offence.
Social Media Misuse
Online arguments escalated into criminal complaints.
Personal Disputes
Family or personal conflicts given religious angle.
Defenses Available
No Deliberate Intention
No intention to hurt religious feelings.
Freedom of Speech
Protected expression within legal limits.
Lack of Communication
Words not heard or understood by victim.
False Allegation
Complaint based on misunderstanding or malice.