Deliberate Acts to Outrage Religious Feelings Under the BNS (Section 299): the New 295A (2026)
What deliberate and malicious acts to outrage religious feelings mean under Section 299 of the Bharatiya Nyaya Sanhita, 2023, the old IPC 295A it replaced, the limits of the offence, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
A social media post, a speech, a cartoon, or a film is said to insult a religion, and a complaint follows. This is one of the most used, and most argued over, provisions in Indian criminal law. The old number, 295A, is still what many people call it. The question for 2026 is what the provision now is, and where its limits lie. This explainer sets out the provision in plain terms: its section number under the Bharatiya Nyaya Sanhita, 2023 (BNS), the old Indian Penal Code (IPC) section it replaced, what the offence requires, and the punishment. Last verified October 2026.
- What it is: a deliberate and malicious insult to a religion, by words, signs, visible representation, or electronic means, meant to outrage a class of citizens.
- New section: Section 299 of the BNS, 2023 (the new "295A").
- Old section: it replaced Section 295A of the IPC.
- Key limit: the intent must be both deliberate and malicious; mere offence or fair comment is not enough.
- Punishment: imprisonment up to three years, or a fine, or both. Cognizable, non-bailable, triable by any Magistrate (confirm against the BNSS First Schedule).
01The problem this section addresses
In a country of many faiths, speech and images about religion can cut deep. The law tries to draw a line: it does not punish every remark that offends, but it does punish a deliberate and malicious attempt to outrage a community by insulting its religion. The hard part is the line itself, which is why this section is so often litigated.
Typical situations include:
- A post, article, or speech said to insult a religion or its beliefs.
- A cartoon, image, film, or other visible representation that is alleged to outrage religious feeling.
- Content shared through electronic means that is said to be a deliberate insult to a faith.
Because the provision touches free expression, the courts read it narrowly and insist on the mental element.
02What the offence is (answer first)
Deliberately and maliciously outraging religious feelings is an offence under Section 299 of the Bharatiya Nyaya Sanhita, 2023. It replaced the well known Section 295A of the Indian Penal Code, 1860. The BNS came into force on 1 July 2024.
The section punishes a person who, 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.
Section 299 does not punish every act that offends. It targets a deliberate and malicious insult to a religion, aimed at outraging the feelings of a class of citizens.
The express reference to electronic means makes clear that online posts and digital content fall within the section.
03From IPC 295A to BNS 299: what changed
The offence carried over from the IPC with its core intact. The main update is the express mention of electronic means.
| Point | Old law (IPC Section 295A) | New law (BNS Section 299) |
|---|---|---|
| Conduct covered | Deliberate, malicious insult to religion by words, signs, visible representation | Same, with electronic means expressly included |
| Required intent | Deliberate and malicious intention to outrage religious feelings | Same |
| Maximum imprisonment | Up to 3 years | Up to 3 years |
| Fine | Fine, or both | Fine, or both |
So the punishment is unchanged, and the scope is clarified to reach digital content. The threshold of deliberate and malicious intent is the same high bar as before.
04The limits: deliberate and malicious
The two words that control this section are "deliberate" and "malicious". Both must be present. An act that merely offends, or that is careless, or that is a fair comment, is not enough.
- Deliberate: the act was done on purpose, not by accident.
- Malicious: the purpose was to outrage religious feelings, not, for example, to make a genuine point in good faith.
A high threshold by design
Because the section sits close to free speech, courts have read it to require a deliberate and malicious intent aimed at outraging a class, and have treated insults that are unintended, or that are part of honest discussion, as outside it. The context, the words used, and the intent behind them decide the case.
This is why many complaints under this section do not lead to conviction. The mental element is hard to prove, and it is meant to be.
05Punishment and classification
The punishment under Section 299 of the BNS is imprisonment of either description for a term that may extend to three years, or a fine, or both.
| Item | Position under BNS Section 299 |
|---|---|
| Maximum imprisonment | Three years (simple or rigorous) |
| Fine | Fine, or both, in addition to or instead of imprisonment |
| Cognizable or non-cognizable | Cognizable |
| Bailable or non-bailable | Non-bailable |
| Triable by | Any Magistrate |
Confirm the classification against the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) as it stands on the date of the case.
06Related offences relating to religion
Section 299 sits with the other BNS offences that protect religious life:
- injuring or defiling a place of worship (Section 298, the old 295).
- disturbing a religious assembly.
- uttering words to wound religious feelings (Section 302, the old 298), a narrower offence that targets a single person.
Speech that is said to harm national integration is dealt with by a different provision, imputations prejudicial to national integration.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Section 299 is one of the most argued provisions in Indian criminal law, and the case law on the deliberate and malicious threshold is essential reading. Claw lets you search 30 crore+ judgments by party, by advocate or by the point in issue, and returns in under 5 seconds how courts have drawn the line between a punishable insult and protected speech, from Supreme Court rulings reported since 1950 and High Court rulings from 1990. For a live complaint under this section, it also tracks the cases, orders and hearings across 9,102 courts, benches and forums.
Claw does not use the documents you upload to train its AI models. Create a free Claw account to research the threshold under Section 299 and keep your matter on watch. For the wider picture, see case search across Indian courts.
08Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- BNS Section 299 (outraging religious feelings): devgan.in
- BNS Chapter XVI (offences relating to religion): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
Which BNS section replaced IPC 295A?
Section 299 of the Bharatiya Nyaya Sanhita, 2023 replaced Section 295A of the Indian Penal Code. It punishes deliberate and malicious acts intended to outrage the religious feelings of a class of citizens by insulting their religion or religious beliefs, and came into force on 1 July 2024.
Does BNS Section 299 cover online posts?
Yes. The section expressly includes acts done through electronic means, so posts, images, and digital content can fall within it, provided the intent is both deliberate and malicious.
What is the punishment under BNS Section 299?
Imprisonment of either description for up to three years, or a fine, or both. This is the same punishment as the old IPC Section 295A.
Is every offensive remark about religion an offence?
No. The section needs a deliberate and malicious intention to outrage religious feelings. Courts read it narrowly, and an insult that is unintended, careless, or part of honest discussion in good faith generally falls outside it.
Is the offence under Section 299 bailable?
Public sources list it as cognizable, non-bailable, and triable by any Magistrate. Always confirm the classification against the First Schedule of the BNSS as it stands on the date of the case.
How can I find judgments on Section 299 and the old 295A?
Claw lets you search 30 crore+ judgments on Section 299 and the old 295A by party or advocate name, and follows a live complaint through its hearings and orders across 9,102 courts, benches and forums, with results in under 5 seconds. It researches and tracks the case but does not give legal advice.