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.

Punishment

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

Non-Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class โ“˜
BNS Equivalent

Section 299 โ†’

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

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

Fine

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

Non-Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class โ“˜

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

In August 2019, at a public gathering in Coimbatore, Rajendra stood on a stage with a loudspeaker and delivered a speech ridiculing the core religious beliefs and sacred traditions of a religious denomination of Indian citizens, while also displaying offensive hand signs and painted banners. Rajendra spoke and displayed those signs and representations with the deliberate and malicious intention of outraging the religious feelings of that class of citizens of India by insulting their religion and religious beliefs. Rajendra is punishable under 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) โ†’

FAQs on Section 295A IPC

What does Section 295A IPC punish?โ–ผ

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?โ–ผ

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?โ–ผ

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?โ–ผ

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

Is Section 295A IPC cognizable?โ–ผ

Yes. Section 295A IPC is cognizable, allowing police to arrest without a warrant.

Which court tries an offence under Section 295A IPC?โ–ผ

An offence under Section 295A IPC is triable by a Magistrate of the first class.

Can an offence under Section 295A IPC be compounded?โ–ผ

No. Section 295A IPC is not compoundable under Section 320 CrPC.

How does Section 299 BNS differ from Section 295A IPC?โ–ผ

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

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