Section 295A IPC: Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
Indian Penal Code, 1860
Section 295A IPC at a Glance
Section 295A IPC 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; from 1 July 2024 it is replaced by Section 299 BNS.
Imprisonment of either description for a term which may extend to three years.
Section 295A IPC Bare Act Text
295A. 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 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 295A, Indian Penal Code, 1860
Section 295A IPC in Simple Words
Section 295A of the Indian Penal Code (IPC) punishes deliberate and malicious acts intended to outrage the religious feelings of any class of citizens of India. It applies when a person, with deliberate and malicious intention of outraging such feelings, insults or attempts to insult the religion or religious beliefs of that class by words, spoken or written, by signs, by visible representations or otherwise.
The offence carries imprisonment of either description for a term which may extend to three years, or with fine, or with both. It is cognizable, non-bailable and triable by a Magistrate of the first class.
Ingredients of Section 295A IPC
- The accused acted with deliberate and malicious intention to outrage the religious feelings of any class of citizens of India
- The act insults or attempts to insult the religion or the religious beliefs of that class
- The insult or attempt is conveyed by words, either spoken or written, or by signs, or by visible representations, or otherwise
Punishment Under Section 295A IPC
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.
Deliberate and malicious acts intended to outrage the religious feelings of any class of citizens of India carry imprisonment of either description for up to three years, or fine, or both. Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, non-bailable and triable by a Magistrate of the first class.
Example of Section 295A IPC
When Section 295A IPC Does Not Apply
- A speaker or writer makes a critical or careless remark about a faith without any deliberate and malicious intention to outrage the religious feelings of a class of Indian citizens.
- The remarks or representations are directed only at an individual's personal conduct and do not insult or attempt to insult the religion or religious beliefs of any class of citizens of India.
- The group whose beliefs are referenced is not a class of citizens of India.
Section 295A IPC in the BNS
Section 295A IPC is now covered under Section 299 BNS.
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 detailed comparison (IPC 295A vs BNS 299) →FAQs on Section 295A IPC
What does Section 295A IPC punish?▼
It punishes deliberate and malicious acts intended to outrage the religious feelings of any class of citizens of India by insulting its religion or religious beliefs.
What is the punishment under Section 295A IPC?▼
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What mental element must be proved under Section 295A IPC?▼
The prosecution must prove a deliberate and malicious intention of outraging the religious feelings of a class of citizens of India. Careless, accidental or unintended offence does not satisfy this requirement.
Is Section 295A IPC bailable or non-bailable?▼
Under the First Schedule to the Code of Criminal Procedure, Section 295A IPC is non-bailable.
Is Section 295A IPC cognizable?▼
Yes. Section 295A IPC is cognizable, allowing police to arrest without a warrant.
Which court tries an offence under Section 295A IPC?▼
An offence under Section 295A IPC is triable by a Magistrate of the first class.
Can an offence under Section 295A IPC be compounded?▼
No. Section 295A IPC is not compoundable under Section 320 CrPC.
How does Section 299 BNS differ from Section 295A IPC?▼
Section 299 BNS adds the words or through electronic means to the statutory list of methods for conveying the insult. The punishment and the requirement of deliberate and malicious intention are unchanged.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·