Insult to Religious Feelings under BNS, 2023—All you need to know about it.

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This article is written by Alshan Husain Shah, a second-year LL.B. student at K.G.K. (P.G.) College, Moradabad (U.P.), and the article explains thoroughly regarding the offence of religious feelings under Bhartiya Nyay Sanhita BNS, 2023.

Introduction:

Did you know that India is one of the most diverse countries in the world? It is home to various communities practicing different religions like Hinduism, Islam, Christianity, Sikhism, Buddhism, and Jainism. The Constitution of India under Articles 25 to 28 (PART III), guarantees freedom of religion as a fundamental right, allowing individuals to profess, practice, and propagate any religion of their choice.

As a secular nation with no official religion of the state, India ensures that everyone is entitled to profess their own religion peacefully without hurting others. No person has the right to insult the religion of others by any means. Chapter XVI of The Bharatiya Nyaya Sanhita, 2023, deals with offenses relating to religion. This article will explore the provisions of the BNS, 2023, concerning insult to religious feelings.

Why Insult to religious feelings is an offence?

No one should be in a position to scandalize another’s feelings based on their belief or faith. The preamble of the Indian Constitution states that the people of India have the liberty of belief, faith, and worship. This implies that everyone has the right to freedom of religion. In India, there are various distinct communities practicing their own religions, making it highly crucial to have laws against religious hurt, considering the large number of religious followers. Indian criminal law punishes any person who intentionally insults the religion of any class under sections 298-302 of The Bharatiya Nyaya Sanhita, 2023.

Legal Provisions Concerning Insult to Religious Feelings under BNS, 2023:

Section 298 of BNS

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.

Explanation: This provision states that any person who intentionally damages any place of worship or any sacred religious object shall be liable for punishment. The offender may face imprisonment for a term up to 2 years or fine or both.

It states that a person can be punished if he:

Destroys, damages or defiles a place of worship or any sacred religious object.
Does so with the intention of insulting a religion.
Knows that such an act is likely to be seen as an insult by a religious group.

Section 299 of BNS

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.

Explanation: This provision punishes any person who with the malaise intention of insulting a religion uses derogatory or inappropriate words, signs, visual representation or any electronic means including social media. The word “otherwise” signifies that the scope of this provision is not limited to these 4 aspects, but it can also extend to other actions like printing, distributing or encouraging the circulation of insulting material to hurt the sentiments of any religion.

It states that a person can be punished with imprisonment for up to 3 years if he:

Deliberately and maliciously tries to offend the religious feelings of a group.
Uses words, signs, visible representations, electronic means or any other method to insult or attempt to insult the religion or belief system of others.

Section 300 of BNS

Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremonies shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: This provision states that any person who intentionally disturbs a lawful religious gathering or disrupts the worship or performance of a religious ceremony shall be liable for punishment. The offender can be punished with imprisonment for up to 1 year.

Such disturbance can include:

Interrupting prayers, rituals or religious events.
Creating noise or chaos to hinder the religious ceremony.
Interfering with the peaceful conduct of religious gatherings.
Engaging in any act that causes disruption to worshippers.

Section 301 of BNS

Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulchre, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: This provision deals with the illegal trespassing into any religious place, funeral site, or depository. This means that no person can enter a religious place with the intention of causing chaos by hurting the religious feelings of others.

It states that no person should:

Intentionally hurt someone’s religious feelings nor insult their religion.
Commit an act that is likely to hurt religious sentiments.
Trespasses into a place of worship, burial site, or funeral area.
Disrespects a human corpse.
Disturbs people performing funeral ceremonies.

Section 302 of BNS

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.

Explanation: This section states that if any person says any word, causes any sound, or performs any action that is intended to hurt the religious feelings of anyone, it will come under the ambit of a punishable offence. This section provides up to 1 year of imprisonment or a fine or both for the offender.

It states that a person can be punished with imprisonment if he deliberately intends to hurt someone’s religious feelings by:

Speaking certain words.
Making sounds.
Using gestures.
Placing an object in their sight.

Freedom of Speech and Expression v. Religious Sentiments:

“Freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of the political truth.”– Justice Louis Brandeis.

The Indian constitution guarantees the right to freedom of speech and expression under Article 19(1)(a), which states that every individual has a right to express his thoughts, ideas, or beliefs. This article empowers the citizens of India to express their views and opinions freely without the fear of being held liable. However, this right is not absolute and it has certain restrictions. It does not grant any individual the right to make statements that hurt the religious sentiments of others.

The Principle of Freedom of Speech and Expression:

In India, every citizen is allowed to express their views and opinions freely on any topic without the fear of censorship. Article 19(1)(a) of The Constitution of India guarantees the right to freedom of speech and expression. However, this freedom is not absolute which means that there are some reasonable restrictions on the freedom of speech and expression.

Article 19(2) of The Constitution of India states that “Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of [the sovereignty and integrity of India], the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.]”

This provision authorizes the state to impose laws and restrictions on the right to freedom of speech and expression to maintain public order, decency, or morality. This signifies that the no person shall be allowed to disturb the accord and brotherhood in the nation by making any derogatory statements about the religion of others.

Constitutionality of Religious Sentiments:

Article 25(1) of the Constitution of India states that “Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.”

This provision signifies the essence of the free practice of religion while maintaining the public order and upholding standards of morality in the society. The law empowers the citizens of India to profess, practice and propagate the religion of their choice.

Article 25(2) of the Constitution of India provides freedom to manage religious affairs. It states that “Subject to public order, morality and health, every religious denomination or any section thereof shall have the right— (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law.”

This provision allows members of a religious community to manage their religious affairs according to their traditions and cultural heritage, highlighting the importance of religious sentiments. These two articles play a vital role in establishing the constitutionality of religious sentiments in India by ensuring that all the members of a religious community have adequate means to practice their religion.

What has changed from IPC, 1860, to BNS, 2023?

There are no major changes in the offences relating to religion under The Bharatiya Nyaya Sanhita, 2023. However, the language in the newly enacted criminal law has been made clearer and more precise to grasp the essence of the provisions in a more elaborative way. The legal terms have been slightly modernized to allow better interpretation by the courts. Under BNS, 2023, the punishments and core principles of religious offences remain unchanged which signifies the continuity in protecting religious sentiments in India.

Important Hon’ble Supreme Court Judgements regarding Insult to Religious Feelings

Conclusion:

The Bharatiya Nyaya Sanhita, 2023, retains the punishments for religious offences as they were earlier in The Indian Penal Code, 1860. There is a minor change in the language of the provisions with the introduction of some updated legal terminology. Chapter XVI of The Bharatiya Nyaya Sanhita 2023, deals with offences relating to religion. Sections 298 – 302 (under chapter XVI) of the BNS 2023, prescribe different punishments for religious offences.

For instance, offences like damaging a place of worship with the intent to insult the religion of any class can result in imprisonment for up to 2 years. These provisions aim to create a peaceful and harmonious environment in the entire country by promoting brotherhood, integrity, and a sense of respect for each other’s religious faiths and belief systems to ensure that no one is harmed by the actions of others.

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