IPC Section 298
IPC Section 298 penalizes uttering words with deliberate intent to wound religious feelings, protecting communal harmony.
IPC Section 298 addresses the offence of uttering words or making sounds with the deliberate intention to wound the religious feelings of any person. This provision is crucial in maintaining peace and communal harmony in a diverse society like India, where multiple religions coexist. By penalizing such acts, the law aims to prevent religious disharmony and protect individuals from verbal attacks targeting their faith.
Understanding IPC Section 298 is important for both citizens and law enforcement to ensure respect for religious sentiments and avoid actions that may incite communal tensions. This section helps uphold the constitutional values of secularism and freedom of religion by curbing deliberate provocations.
IPC Section 298 – Exact Provision
In simple terms, this section punishes anyone who intentionally says or does something that hurts another person's religious feelings. It covers spoken words, sounds, gestures, or objects shown to someone with the aim to offend their religion.
Protects individuals from deliberate verbal or gestural insults targeting religion.
Applies only when the intention to wound religious feelings is proven.
Punishment can be imprisonment up to one year, fine, or both.
Focuses on maintaining communal peace and respect for diverse faiths.
Purpose of IPC Section 298
The main legal objective of IPC Section 298 is to safeguard religious sentiments from intentional insults or provocations. In a pluralistic society, such protection is vital to prevent communal conflicts and maintain social harmony. The law balances freedom of speech with respect for religious diversity by penalizing deliberate acts that wound religious feelings.
Prevent communal disharmony caused by offensive speech or gestures.
Protect the right to freedom of religion and belief.
Maintain public order by discouraging provocative behavior.
Cognizance under IPC Section 298
Cognizance of offences under IPC Section 298 is generally taken by the court upon receiving a complaint or police report. Since the offence involves public order and religious feelings, courts treat such cases seriously to avoid escalation.
Courts take cognizance on police report or complaint by the aggrieved person.
Offence is cognizable, allowing police to investigate without prior court approval.
Prompt action is encouraged to prevent communal tensions.
Bail under IPC Section 298
Offences under IPC Section 298 are bailable, meaning the accused can seek bail as a matter of right. Given the relatively minor punishment, courts usually grant bail unless there are aggravating circumstances.
Section 298 is a bailable offence.
Bail is generally granted promptly by police or magistrate.
Conditions may apply if the accused poses a threat to peace.
Triable By (Which Court Has Jurisdiction?)
Cases under IPC Section 298 are triable by Magistrate courts. Since the punishment is limited to one year imprisonment or fine, the jurisdiction lies with the Magistrate rather than Sessions Court.
Primarily triable by Magistrate courts.
Sessions Court jurisdiction arises only if combined with more serious offences.
Summary trial possible due to minor punishment.
Example of IPC Section 298 in Use
Suppose a person publicly insults a religious symbol by making derogatory remarks during a community gathering, intending to hurt the sentiments of those present. The aggrieved individuals file a complaint under IPC Section 298. The accused is arrested, and the court examines whether the words were deliberately intended to wound religious feelings. If proven, the accused may face imprisonment or fine. Conversely, if the court finds no deliberate intent or the words were misunderstood, the accused may be acquitted.
Historical Relevance of IPC Section 298
IPC Section 298 was introduced to address rising communal tensions during British India. It aimed to curb inflammatory speech that could disrupt public order.
Introduced in the Indian Penal Code of 1860.
Designed to prevent communal violence during colonial times.
Has been interpreted in landmark cases to balance free speech and religious respect.
Modern Relevance of IPC Section 298
In 2025, IPC Section 298 remains relevant amid increasing social media use and communal sensitivities. Courts continue to interpret the section carefully to protect religious harmony without curbing legitimate expression.
Addresses online hate speech targeting religious groups.
Helps maintain peace in multi-religious communities.
Courts emphasize proof of deliberate intent before conviction.
Related Sections to IPC Section 298
Section 295 – Injuring or defiling place of worship with intent to insult religion
Section 295A – Deliberate and malicious acts intended to outrage religious feelings
Section 296 – Disturbing religious assembly
Section 297 – Trespassing on burial places or places of worship
Section 505 – Statements conducing to public mischief
Case References under IPC Section 298
- Ramji Lal Modi v. State of U.P. (1957 AIR 620, SC)
– The Supreme Court held that deliberate and malicious intention is essential to attract Section 298.
- Balwant Singh v. State of Punjab (1995 AIR 1781, SC)
– Clarified that mere criticism of religion without intent to wound feelings does not constitute offence.
- Shreya Singhal v. Union of India (2015 AIR 1523, SC)
– Emphasized protection of free speech while balancing religious sentiments.
Key Facts Summary for IPC Section 298
- Section:
298
- Title:
Uttering Words with Intent to Wound Religious Feelings
- Offence Type:
Bailable, Cognizable
- Punishment:
Imprisonment up to 1 year, or fine, or both
- Triable By:
Magistrate
Conclusion on IPC Section 298
IPC Section 298 plays a vital role in protecting religious sentiments and preserving communal harmony in India. By penalizing deliberate acts that wound religious feelings, it helps maintain peace in a diverse society. The section carefully balances freedom of expression with respect for religious diversity.
Its continued relevance in 2025 is evident as courts navigate challenges posed by social media and rising communal sensitivities. Understanding this provision is essential for promoting mutual respect and preventing conflicts based on religion.
FAQs on IPC Section 298
What is the main purpose of IPC Section 298?
It aims to prevent deliberate acts that wound religious feelings, thereby protecting communal harmony and respecting religious diversity.
Is IPC Section 298 a bailable offence?
Yes, offences under Section 298 are bailable, allowing the accused to seek bail as a right.
Which court tries cases under IPC Section 298?
Magistrate courts have jurisdiction to try offences under this section due to the limited punishment involved.
Does IPC Section 298 apply to online speech?
Yes, the section applies to any utterance or gesture, including those made online, if intended to wound religious feelings.
Is mere criticism of religion punishable under IPC Section 298?
No, only deliberate and malicious intent to wound religious feelings is punishable, not general criticism or discussion.