Section 299 BNS: Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
Bharatiya Nyaya Sanhita, 2023
Section 299 BNS at a Glance
Section 299 BNS deals with deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. It is non-bailable and cognizable, triable by Magistrate of the first class; it replaced Section 295A IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to three years.
Section 299 BNS Bare Act Text
299. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
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.
Source: Section 299, Bharatiya Nyaya Sanhita, 2023
Section 299 BNS in Simple Words
Section 299 of the Bharatiya Nyaya Sanhita (BNS) deals with deliberate and malicious acts intended to outrage the religious feelings of any class of citizens of India by insulting its religion or religious beliefs. It does not punish every harsh, offensive, or careless remark. The law applies only when there is a deliberate and malicious intention to outrage the religious feelings of that class of citizens.
This section is often used in cases involving speeches, writings, signs, visible representations, social media posts, electronic communications, or other expressions that target religious beliefs. For a case to succeed, the prosecution must show more than offence taken by a group. It must prove an insult or attempt to insult accompanied by deliberate and malicious intention.
In practice, this section sits at the balance point between freedom of speech and protection of religious harmony. It is frequently invoked in sensitive public disputes, so police and courts examine intent, context, and the exact words or act very closely.
Ingredients of Section 299 BNS
- Deliberate and malicious intention to outrage the religious feelings of any class of citizens of India
- Insult or attempt to insult the religion or religious beliefs of that class
- Conveyance of the insult by words, signs, visible representations, electronic means or otherwise
Punishment Under Section 299 BNS
Imprisonment of either description for a term which may extend to three years.
The court may impose fine alone, or fine in addition to imprisonment. The section sets no limit on the fine.
Under Section 299 BNS, deliberate and malicious acts intended to outrage the religious feelings of any class of citizens of India by insulting its religion or religious beliefs carry imprisonment of either description for up to three years, or fine, or both.
Example of Section 299 BNS
When Section 299 BNS Does Not Apply
- The act was done without the deliberate and malicious intention of outraging the religious feelings of any class of citizens of India
- The target of the act was not a class of citizens of India or its religion or religious beliefs
- The accused neither insulted nor attempted to insult the religion or the religious beliefs of that class
Section 299 BNS in the IPC (Previous Law)
Section 299 BNS replaces Section 295A IPC from the old criminal code.
Section 295A IPC is now Section 299 BNS. The definition in Section 299 BNS expressly adds the words or through electronic means to the list of media by which the insult may be conveyed. The core mental element requiring deliberate and malicious intention, the remaining text of the offence and the punishment of imprisonment for up to three years, or fine, or both remain unchanged.
View IPC Section 295A →FAQs on Section 299 BNS
Is a rude comment about religion enough for Section 299 BNS?▼
Not by itself. The prosecution must show a deliberate and malicious intention to outrage religious feelings. A careless, ill-phrased, or merely offensive statement may not meet the legal test.
Can social media posts be covered under Section 299 BNS?▼
Yes, if the post is a deliberate and malicious act aimed at insulting religious beliefs. The platform used does not matter as much as the intention and the effect of the act.
Is Section 299 BNS bailable?▼
No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides having regard to the facts and the nature of the allegations.
What is the main defence in a case under Section 299 BNS?▼
The usual defence is lack of deliberate intention or malicious purpose. If the act was part of genuine criticism, academic discussion, artistic expression, or an unintentional mistake, that may weaken the prosecution case.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·