Section 295 IPC: Injuring or defiling place of worship, with intent to insult the religion of any class

Indian Penal Code, 1860

Section 295 IPC at a Glance

Section 295 IPC deals with injuring or defiling place of worship, with intent to insult the religion of any class. It is non-bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 298 BNS.

Punishment

Imprisonment of either description for a term which may extend to two years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 298 →

Section 295 IPC Bare Act Text

295. Injuring or defiling place of worship, with intent to insult the religion of any class

Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Source: Section 295, Indian Penal Code, 1860

Section 295 IPC in Simple Words

Section 295 of the Indian Penal Code (IPC) punishes destroying, damaging or defiling any place of worship, or any object held sacred by any class of persons, with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion.

The court may award imprisonment of either description for a term which may extend to two years, or fine, or both.

It is a cognizable and non-bailable offence tried by any Magistrate.

Ingredients of Section 295 IPC

  • The accused destroys, damages or defiles any place of worship, or any object held sacred by any class of persons
  • The act is done with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion

Punishment Under Section 295 IPC

Imprisonment

Imprisonment of either description for a term which may extend to two years.

Fine

The court may impose fine alone, or fine in addition to imprisonment. The section sets no maximum fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Destroying, damaging or defiling a place of worship or sacred object with the intention or knowledge the section requires carries imprisonment of either description for up to two years, or fine, or both. Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, non-bailable and triable by any Magistrate.

Example of Section 295 IPC

In March 2021, Vikram walked into a neighbourhood mosque in Mysuru during the afternoon when the caretaker was away. He smashed the carved stone prayer niche and smeared filth over a centuries-old calligraphy scroll held sacred by the local congregation. Vikram committed this destruction, damage, and defilement with the intention of thereby insulting the religion of that class of persons, and with the knowledge that members of that class were likely to consider his actions an insult to their religion. Vikram is punishable under Section 295 IPC.

When Section 295 IPC Does Not Apply

  • The building or item affected was not a place of worship or an object revered as sacred by any group of people.
  • No physical destruction, damage, or defilement was caused to the place of worship or sacred object.
  • The person acted accidentally without any intention to insult a class's religion and without knowing that any class of persons would likely regard the act as a religious insult.

Section 295 IPC in the BNS

Section 295 IPC is now covered under Section 298 BNS.

Section 295 IPC corresponds to Section 298 BNS. The heading in the new Code omits the comma and the word the, while the text of the offence and the punishment of imprisonment for up to two years, or fine, or both remain unchanged in substance.

View detailed comparison (IPC 295 vs BNS 298) →

FAQs on Section 295 IPC

What does Section 295 IPC punish?▼

It punishes destroying, damaging or defiling any place of worship, or any object held sacred by any class of persons, with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider the act an insult to their religion.

What is the punishment under Section 295 IPC?▼

Imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Is Section 295 IPC bailable or non-bailable?▼

Section 295 IPC is non-bailable under the First Schedule to the Code of Criminal Procedure.

Is Section 295 IPC cognizable?▼

Yes. Section 295 IPC is cognizable, meaning police may arrest without a warrant.

Which court tries an offence under Section 295 IPC?▼

Under the First Schedule to the Code of Criminal Procedure, an offence under Section 295 IPC is triable by any Magistrate.

Can an offence under Section 295 IPC be compounded?▼

No. Section 295 IPC is not listed in Section 320 CrPC and cannot be compounded.

What mental state is required under Section 295 IPC?▼

The prosecution must prove either the intention of thereby insulting the religion of any class of persons, or the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion.

Where is Section 295 IPC located in the Bharatiya Nyaya Sanhita?▼

It is renumbered as Section 298 BNS, in Chapter XVI.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·