Offences Related To Religion Under IPC

Coverage of this Article

Key Takeaways

-India's constitution guarantees religious freedom. The laws for religious offences are discussed in the Indian Penal Code.

Introduction

-India is a secular country that adheres to the principle of separation of powers. The Preamble and Articles 25, 26, 27, 28, 29, and 30 of the Constitution of India all support the principle of secularism. 

Divisions of offences

-The Indian Penal Code's Chapter XV (Of Offenses Relating to Religion) is comprised of five sections: 295, 295A, 296, 297, and 298. 

Desecration of places of worship or revered objects

-A person who commits an act that results in the defamation and degradation of any worship place or object that is considered holy by any faith, with the express intent of offending that religion, will be found responsible under Section 295 of the Penal Code and will face incarceration, a fine, or both.

Religious gatherings that are disturbing

-Section 296 deals with ‘Disturbing religious assembly.’ Any person who voluntarily causes disturbance to any assembly (which is lawfully engaged in the performance of worship), or religious ceremonies shall be liable in this Section and punished with imprisonment that may extend to one year, or with fine, or with both.

Recent Controversy

-Munawar Faruqui, a comedian, was recently charged under Section 295A for allegedly insulting Hindu deities and was granted bail. This incident garnered a lot of attention and drew the attention of various legal and entertainment professionals.

Conclusion

-India is a secular republic with a 'right to religion guaranteed by the Indian Constitution. The Indian Penal Code's Chapter XV (Sections 295 to 298) deals with religious offences and their penalty.

Key Takeaways

• India's constitution guarantees religious freedom. The laws for religious offences are discussed in the Indian Penal Code.
• Religion-related offences are covered under Sections 295, 295A, 296, 297, and 298.
• Section 297 deals with those who trespass in a place of worship, or burial, to offend another's religious sensibilities.
• Section 296 deals with ‘Disturbing religious assembly’.

Introduction

India is a secular country that adheres to the principle of separation of powers. The Preamble and Articles 25, 26, 27, 28, 29, and 30 of the Constitution of India all support the principle of secularism. India's constitution also guarantees religious freedom. The laws for religious offences are discussed in the Indian Penal Code. It was held in the case of Kutti Chanami Moothan v. Ranapattar [(1978) 19 Cri LJ 960] that "it is the essential principle of good government that everyone should be granted the opportunity to profess his own faith and that no man should be permitted to insult the religion of another."

Divisions of offences

The Indian Penal Code's Chapter XV (Of Offenses Relating to Religion) is comprised of five sections: 295, 295A, 296, 297, and 298. These Sections can be broadly divided into three categories:

• Desecration of places of worship or revered objects (Section 295 and 297).
• Provoking or injuring people's religious sensibilities (Section 295A and 298).
• Religious gatherings that are disturbing (Section 296).

Desecration of places of worship or revered objects

A person who commits an act that results in the defamation and degradation of any worship place or object that is considered holy by any faith, with the express intent of offending that religion, will be found responsible under Section 295 of the Penal Code and will face incarceration, a fine, or both.

As can be seen from the definition above, there are various factors to consider before conviction underSection 295 of the Penal Code. Before making a judgement, factors such as intent, knowledge, damage, destruction, and defamation of places of worship must be considered.

Section 297 deals with those who trespass in a worship place, a sepulture, or a burial, or a place set aside for burial ceremonies with the goal to offend another's religious sensibilities.

Provoking or injuring people's religious sensibilities

'Intentional and spiteful conduct, intended to offend the convictions of any class by insulting its religion or religious beliefs,' is punishable under Section 295A.

According to this Section, anyone who insults or attempts to insult the religion or religious feelings of any class of citizens of India with words (spoken, written, by visible presentation or by other methods) shall be held liable and punished with imprisonment for a term that may extend to three years, or a fine, or both.

'Uttering, remarks, etc. with the deliberate aim to hurt the religious beliefs of any person,' is punishable under Section 298. According to this Section, anyone who engages in the aforementioned behaviour (with the deliberate goal of insulting another person's religious emotions) shall be penalised with imprisonment for a duration that may extend to one year, or a fine, or both:

Religious gatherings that are disturbing

Section 296 deals with ‘Disturbing religious assembly.’ Any person who voluntarily causes disturbance to any assembly (which is lawfully engaged in the performance of worship), or religious ceremonies shall be liable in this Section and punished with imprisonment that may extend to one year, or with fine, or with both.

Assembly worship is given special protection under this section. It does not apply to personal worship. Unless it interferes with the public's normal usage of the streets, a religious gathering is considered legal.

Recent Controversy

• Munawar Faruqui, a comedian, was recently charged under Section 295A for allegedly insulting Hindu deities and was granted bail. This incident garnered a lot of attention and drew the attention of various legal and entertainment professionals.
• Many academics, attorneys, and artists have urged the government to reconsider the constitutionality of Section 295A and consider its troubling consequences for the entertainment industry.
• The denial of bail to the accused all the way up to the High Court level in the Munawar Faruqui case sent ominous signals to the entire entertainment industry about the implications of tangling with the subject of religion.
• Kiku Sharda, a television actor, was recently detained under Section 295A for imitating Gurmeet Ram Rahim Singh, the leader of the Dera Sacha Sauda, a cult that is registered as a non-governmental organisation. Cults are frequently misunderstood as a kind of religion since they are comparable to religion in terms of following and devotion.
• This is a serious flaw in the legislation, which manifests itself at the time of the arrest. Because cops aren't well-versed in the law, they can make mistakes like associating insults to Godmen, cults, and spiritual organisations with insults to religion.

Conclusion

India is a secular republic with a 'right to religion guaranteed by the Indian Constitution. The Indian Penal Code's Chapter XV (Sections 295 to 298) deals with religious offences and their penalty. No one is allowed to offend anyone's religious beliefs or any religious holy object. The Indian Penal Code outlines the consequences if this occurs. Religion-related offences are roughly grouped into three categories: Desecration of religious sites and holy things, offending religious sensibilities, and disrupting religious assemblies and rites are all examples of desecration. The protection of religious rights in Indian law is structured in this fashion.