Code: Section 299 BNS
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.
Explanation of Section 299 BNS
Section 299 of the Bharatiya Nyaya Sanhita (BNS) is designed to protect religious sentiments in India. It criminalizes acts that are carried out deliberately and with malicious intent to outrage the religious feelings of any community.
This law applies to various forms of expression, including:
- Hate speeches,
- Offensive writings,
- Religiously insensitive social media posts, and
- Public demonstrations aimed at insulting religious beliefs.
Illustration
Example 1: Offensive Social Media Post
A person posts a derogatory comment about a religious symbol on social media, intending to hurt the sentiments of that religious community. This can be prosecuted under Section 299.
Example 2: Public Speech with Religious Insult
A speaker at a public event makes derogatory remarks about another religion, intending to incite communal tension. This act falls under this section.
Example 3: Offensive Painting in an Art Gallery
An artist creates a painting that intentionally depicts a religious figure in a disrespectful manner. If the intent is to outrage religious feelings, the artist could be charged under Section 299.
Common Questions and Answers on Section 299 BNS
1. What does “deliberate and malicious intention” mean?
- Answer: It means the person knowingly and with a specific purpose intends to hurt the religious sentiments of others, rather than acting out of ignorance or without ill intent.
2. Does this apply to online content?
- Answer: Yes, online content such as social media posts, videos, and messages can be prosecuted under this section if they intend to outrage religious feelings.
3. What are the punishments under Section 299?
- Answer: The punishment includes:
- Up to 3 years of imprisonment, or
- A fine, or
- Both imprisonment and fine.
4. Can this section be misused?
- Answer: Yes, like many laws, it can be misused if not carefully applied. The court considers the intent, context, and impact of the act before deciding.
Conclusion
Section 299 of the Bharatiya Nyaya Sanhita (BNS) plays a crucial role in maintaining religious harmony in India’s diverse society. It ensures that individuals respect religious beliefs and discourages acts that could incite communal tensions.
While the law protects religious sentiments, it also emphasizes the importance of freedom of speech within reasonable limits. Striking the right balance helps foster a society based on mutual respect and understanding.
