BNS Section 299: Deliberate And Malicious Acts, Intended To Outrage Religious Feelings Of Any Class By Insulting Its Religion Or Religious Beliefs
Section 299 falls under Chapter XVI of the Bharatiya Nyaya Sanhita (BNS). Chapter XVI covers offences relating to religion. Each section under this chapter deals with different offences related to offences relating to religion. The section specifically deals with actions outraging religious feelings. Let us take a closer look at its provisions.
Definition of BNS Section 299
Section 299 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
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 and Illustration of BNS Section 299
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of outraging religious feelings. Let us break down the section to get a better understanding of it.
Offence
This section provides for the offence of insulting or attempting to insult religion or religious feelings. It covers all aspects of communications, including:
1. Words (written and spoken)
2. Signs
3. Visual Representations
If any of the above are used to insult or attempt to insult a religion or a religious belief, it shall be considered an offence under the provisions of Section 299.
However, as with most offences, intent is important because as far as the criminal code is concerned, intent is as culpable, if not more, than the actual criminal act. Because a person who commits a criminal act by mistake may not repeat it. But a person with a criminal intent is likely to repeat a crime and is, hence, considered a greater threat to society.
So, for an act of insulting religion to be an offence under the provisions of this section, the insulting act has to be
1. Deliberate - That is, it should be done by the person in a conscious and predetermined manner, fully knowing that their actions would hurt religious sentiment. If the insult was performed unknowingly or in the heat of the moment, then it cannot be considered an offence under this section.
2. Malicious - That is, it should be done purely for the purpose of hurting the sentiments. So not only should the offender know that the actions are offensive, but he or she should also want to offend the religious sentiments. If a certain statement, which may be hurtful, has been brought up in the spirit of debate, dialogue or discourse, it cannot be considered an offence under the provisions of this section.
So if a person deliberately and maliciously performs an action that hurts a religion or religious beliefs, it shall be considered an offence under this section.
Punishment
A person who deliberately and maliciously performs any action that hurts the religion or religious sentiments of any person shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
The above actions may not be an offence under this section if:
1. The offender is forced or coerced into performing the offence
2. The offender is a minor or not of sane mind.
3. The offender did not know his or her actions would be hurtful to the religion or its corresponding sentiments.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
X has a personal argument with Y. In order to get back at Y, X insults Y’s religious beliefs. X is an offender under the provisions of Section 299.
Key Points in BNS Section 299
This section deals with: Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 299 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 299 of BNS replaces IPC Section 295A. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 299 | Deliberate and malicious acts intended to outrage religious feelings of any class, by insulting its religion or religious beliefs. | 295A | No change in provisions for offence |
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FAQs about Section 299 of the Bharatiya Nyaya Sanhita (BNS)
What is the Offence relating to religion in BNS?
Any person who intentionally commits any act, or makes any gesture or utters anything that is considered offensive by persons of a particular religions shall be considered an offender under this section.
What is the punishment for BNS Section 299?
A person who deliberately and maliciously performs any action that hurts the religion or religious sentiments of any person shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
Does BNS 299 apply to social media posts?
Yes. BNS applies to any deliberate act done with the intent of outraging religious beliefs.
What should individuals do if they witness a violation of BNS 299?
Any person who is aware of any such activity must inform the police authorities immediately.
Can organizations be held liable under BNS 299?
Yes. Organisations committing acts of religious outrage are culpable under Section 299.
Can spreading fake news about a religion violate BNS 299?
Yes. If the fake news is intended to hurt the sentiments of a certain religious belief, then it is culpable under Section 299.
