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.
IPC Section 295: Simplified Explanation
IPC Section 295 of the Indian Penal Code deals with the offence of injuring or defiling a place of worship with the intent to insult the religion of any class. This section is specifically designed to protect the sanctity of places of worship from any action that could harm the religious sentiments of any group or community.
Under this section, the term ‘injuring’ encompasses any damage or harm caused to a place of worship or any object held sacred by a religious group, while ‘defiling’ refers to desecrating or disrespecting through physical or symbolic acts. However, what truly matters in these actions is the ‘intent ‘. The law seeks to punish those who act with the deliberate intention of insulting the religious beliefs of others, making it a crucial factor in determining the severity of the offence.
Is IPC Section 295 Bailable?
IPC Section 295 is a non-bailable offence. This means that bail is not a right but at the court’s discretion. Individuals arrested under this section cannot demand bail as a matter of right. They must appear before a magistrate to seek bail.
IPC Section 295 Punishment
The Punishment for an offence under IPC Section 295 can be severe. The convicted person may face imprisonment for up to two years, a fine, or both. The court determines the specific penalty within this range based on the severity of the offence, the intent behind it, and the impact on the affected community.
Example of IPC Section 295
A real-life example of the application of IPC Section 295 occurred in 2018 in the Indian state of Punjab. Several individuals were arrested for defacing a Sikh Gurdwara with offensive symbols and slogans. Their actions were intended to provoke communal tension and insult the religious sentiments of the Sikh community. The accused were charged under IPC Section 295, among other provisions. The case drew significant attention, highlighting the importance of this law in maintaining communal harmony and respecting the sanctity of religious sites.
