The Bharatiya Nyaya Sanhita (BNS) 2023 is India’s new criminal law code, replacing the Indian Penal Code (IPC) of 1860. Among its many provisions, BNS Section 299 deals with a sensitive yet important issue — deliberate and malicious acts meant to outrage religious feelings. This section aims to maintain religious harmony and protect communities from offensive and provocative actions.
What is BNS Section 299?
The title of the section says it all:
“Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.”
Under this provision, if a person:
- Willfully insults or attempts to insult the religion or religious beliefs of a class of people,
- With a deliberate and malicious intention, and
- Such act is likely to outrage the religious feelings of that class,
Then that person can be punished.
Punishment Under BNS Section 299
The offender shall face:
- Imprisonment up to 3 years, or
- Fine, or
- Both
This is a cognizable and non-bailable offence in most cases, depending on the gravity of the act.
Key Ingredients of the Offence
Let’s break down this section into simple parts:
- Deliberate Act – The person must have done the act knowingly and intentionally.
- Malicious Intent – The purpose must be to create anger, hate, or provoke outrage.
- Outrage of Religious Feelings – The result should be a hurt to the religious sentiments of a group.
- Insulting Religion/Belief – The act should directly insult the religion or beliefs of any class of people.
Without these four elements, Section 299 does not apply.
Why This Law Is Important
India is a secular country with diverse religions. People follow different customs, practices, and beliefs. At times, these beliefs may clash. However, freedom of speech does not give anyone the right to deliberately insult another’s faith. BNS Section 299 ensures that no one crosses this line in the name of opinion or expression.
BNS Section 299 Difference from IPC
This section is similar to Section 295A of the IPC. However, BNS has focused more on intent and public harmony. It tries to balance between freedom of expression and protection of religious sentiments.
Examples of Acts Covered Under BNS Section 299
- Publishing a cartoon or image that mocks a religious figure or symbol.
- Delivering a public speech where a religion is ridiculed.
- Burning religious scriptures in a protest.
- Writing or posting content online that abuses religious sentiments.
If these acts are done with a clear intent to offend, they fall under Section 299.
BNS Section 299: Important Case Laws
Ramji Lal Modi v. State of U.P. (1957)
The Supreme Court upheld the constitutionality of Section 295A IPC. It said that freedom of speech is not absolute. Insulting religion with malicious intent is not protected by the Constitution.
Mahendra Singh Dhoni Case (2016)
Criminal complaint was filed against cricketer M.S. Dhoni for posing as Lord Vishnu on a magazine cover. The court said that intent to insult is key under Section 295A (now BNS 299). Since Dhoni had no such intent, the case did not hold.
Asif Iqbal Tanha v. State of NCT of Delhi (2021)
In protests against the CAA, some individuals were accused of outraging religious feelings. The court stressed on proof of intention, not just the act.
These cases show that mere criticism or artistic work is not a crime, unless done maliciously.
Short Note on BNS Section 299
- Key Focus: Protects religious harmony and punishes hate-driven acts.
- Requirement: Deliberate act + Malicious intent + Outraged feelings.
- Safeguard: Artistic, journalistic, or academic expression without malicious intent is not punishable.
- Applicability: Applies to all religions and belief systems.
Challenges and Criticisms of BNS Section 299
Some critics argue that Section 299 may:
- Suppress free speech if misused.
- Lead to false complaints for personal or political gain.
- Create fear among artists and writers.
However, courts have clearly stated that intention and context matter the most.
The section is not meant to punish honest expression but to stop provocation and hate.
Precautions for Public Figures & Creators
If you are an artist, speaker, or writer:
- Avoid content that targets or mocks religious practices.
- Be mindful of cultural sensitivity.
- Always maintain context and balance in expression.
Conclusion
BNS Section 299 is a crucial provision that protects India’s religious diversity and peaceful coexistence. While it penalizes hate-driven actions, it does not silence legitimate criticism or creativity. It all comes down to intention. If your purpose is to provoke hate, this law applies. But if your intent is fair expression, you are protected. In a country like India, where faith is deeply rooted, maintaining mutual respect is not just a legal duty — it’s a social responsibility.
Legal Disclaimer
This article is meant for informational purposes only. It does not constitute legal advice or opinion. For any legal assistance or case-specific interpretation, please consult a qualified legal professional or advocate.
