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 through electronic means 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.
Simplified Explanation
Section 299 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses deliberate and malicious acts intended to outrage religious feelings of any class of citizens by insulting their religion or religious beliefs.
Detailed Explanation of Section 299
1. Deliberate and Malicious Intention:
- This section specifically targets individuals who deliberately and maliciously aim to outrage the religious feelings of any group of people.
- The intent is crucial here. The person must have a conscious desire to insult or offend the religion or religious beliefs of a particular class of citizens.
2. Forms of Offense:
The offense can be committed through various forms of expression, including:
- Words (spoken or written).
- Signs (such as gestures or symbols).
- Visible representations (e.g., images, drawings, or sculptures).
- Electronic means (e.g., social media posts, videos, or any online communication).
- Other methods (any other medium or means that could insult or offend religious beliefs).
3. Insulting or Attempting to Insult Religion or Religious Beliefs:
- The act involves either insulting or attempting to insult the religion or religious beliefs of any class of people. This can be through statements, actions, or representations that are likely to offend or cause emotional harm to the religious group.
Punishment:
- Imprisonment: The offender can be sentenced to imprisonment of either description (rigorous or simple) for a term that may extend up to three years.
- Fine: The offender may also be subjected to a fine.
- Both: The court may impose both imprisonment and fine as the punishment.
Purpose of Section 299:
- The primary objective of this section is to protect religious harmony by preventing actions or expressions that are likely to hurt the religious sentiments of any group.
- It serves to prevent the spread of hate speech and the promotion of religious intolerance, which could lead to social unrest or conflict.
- This provision ensures that individuals who intentionally target a particular religion or its beliefs through offensive actions or expressions face legal consequences.
Examples of Offenses Under Section 299:
- Example 1: A person publicly writes or publishes a book that contains derogatory remarks against a specific religion, with the intention of insulting its beliefs and inciting hatred.
- Example 2: An individual posts offensive content on social media that mocks or belittles the religious practices of a community, knowing that it would upset or offend them.
- Example 3: A person speaks publicly in a manner that maliciously insults the religious beliefs of a particular group, intending to cause emotional harm or provoke negative reactions from the followers of that religion.
Key Points:
- The offense requires intentionality: It must be done with deliberate and malicious intent to insult religious beliefs.
- The law is intended to protect people from religious hate speech and offensive acts that target religious communities.
- The scope of the offense includes both offline (spoken words, physical signs) and online (social media, digital content) actions.
- Punishments involve both imprisonment and fines, ensuring deterrence against actions that aim to spread religious intolerance.
Conclusion:
Section 299 is designed to protect the religious sentiments of individuals and communities in India from deliberate and malicious acts of insult or offense. It criminalizes the act of insulting or attempting to insult religion through various means such as words, signs, or electronic content, and provides for punishments to deter such actions. This section plays a crucial role in upholding religious tolerance and preventing the incitement of religious hatred in a diverse society like India.
