Section 298 IPC: Uttering words, etc., with deliberate intent to wound religious feelings

Indian Penal Code, 1860

Section 298 IPC at a Glance

Section 298 IPC deals with uttering words, etc., with deliberate intent to wound religious feelings. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 302 BNS.

Punishment

Imprisonment of either description for a term which may extend to one year.

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

Section 302 →

Section 298 IPC Bare Act Text

298. Uttering words, etc., with deliberate intent to wound religious feelings

Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Source: Section 298, Indian Penal Code, 1860

Section 298 IPC in Simple Words

Section 298 of the Indian Penal Code (IPC) punishes uttering any word, making any sound, making any gesture or placing any object in the sight or hearing of a person with the deliberate intention of wounding that person's religious feelings. The offence carries imprisonment of either description for a term which may extend to one year, or with fine, or with both.

The First Schedule to the Code of Criminal Procedure classifies the offence as non-cognizable and bailable, and it is triable by any Magistrate. It is compoundable without the permission of the court by the person whose religious feelings were intended to be wounded.

Ingredients of Section 298 IPC

  • The accused utters any word or makes any sound in the hearing of a person, or makes any gesture in the sight of that person, or places any object in the sight of that person
  • The act is done with the deliberate intention of wounding the religious feelings of that person

Punishment Under Section 298 IPC

Imprisonment

Imprisonment of either description for a term which may extend to one year.

Fine

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

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

Uttering words, making sounds or gestures, or placing an object with deliberate intent to wound religious feelings carries imprisonment of either description for up to one year, or fine, or both. Under the First Schedule to the Code of Criminal Procedure, the offence is non-cognizable and bailable, triable by any Magistrate. It is compoundable without the permission of the court by the person whose religious feelings are intended to be wounded.

Example of Section 298 IPC

In July 2022, at a market stall in Kochi, Devendra approached his acquaintance Joseph while Joseph was wearing a religious emblem. With the deliberate intention of wounding Joseph's religious feelings, Devendra shouted derisive words and made mocking animal sounds within Joseph's hearing, made a vulgar hand sign, and set a defaced wooden cross directly on the counter in Joseph's sight. Devendra is punishable under Section 298 IPC.

When Section 298 IPC Does Not Apply

  • The spoken words or sounds were uttered out of earshot of the target person, and any gesture or object was outside that person's line of sight.
  • A person made an ill-considered remark during a heated argument without a deliberate intention to wound the listener's religious feelings.
  • The disagreement concerned a purely secular or financial dispute that did not target anyone's religious feelings.

Section 298 IPC in the BNS

Section 298 IPC is now covered under Section 302 BNS.

Section 298 IPC is now Section 302 BNS. The heading in Section 302 BNS adds of any person at the end, while the text of the offence and the punishment of imprisonment for up to one year, or fine, or both remain unchanged.

View detailed comparison (IPC 298 vs BNS 302) →

FAQs on Section 298 IPC

What does Section 298 IPC punish?▼

It punishes uttering any word, making any sound or gesture, or placing any object in the hearing or sight of any person with the deliberate intention of wounding that person's religious feelings.

What is the punishment under Section 298 IPC?▼

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

What mental element is required under Section 298 IPC?▼

The prosecution must prove a deliberate intention of wounding the religious feelings of that person. Words, sounds, gestures or objects used without that deliberate intention do not satisfy this element.

Is Section 298 IPC bailable or non-bailable?▼

Section 298 IPC is bailable under the First Schedule to the Code of Criminal Procedure.

Is Section 298 IPC cognizable or non-cognizable?▼

Section 298 IPC is non-cognizable. The police cannot arrest without a warrant or investigate without a Magistrate's order.

Which court tries an offence under Section 298 IPC?▼

Under the First Schedule to the Code of Criminal Procedure, an offence under Section 298 IPC is triable by any Magistrate.

Can an offence under Section 298 IPC be compounded?▼

Yes. Under Section 320(1) CrPC the person whose religious feelings were intended to be wounded may compound the offence without the permission of the court.

Where is Section 298 IPC located in the Bharatiya Nyaya Sanhita?▼

It is renumbered as Section 302 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 ·