India's rich tapestry of religions and beliefs necessitates laws that uphold communal harmony . Recognizing this the Bharatiya Nyaya Sanhita (BNS) 2023 introduced Section 299 BNS, targeting actions that intentionally offend religious sentiments. This provision criminalizes deliberate and malicious acts to outrage religious feelings ensuring that freedom of expression doesn't become a tool for religious discord .

In today's digital age, where messages can rapidly influence masses, it's imperative to have legal safeguards against content that can incite religious tensions. Section 299 BNS serves this purpose by penalizing those who, through various means, insult or attempt to insult the religion or religious beliefs of any class.

This article delves into the intricacies of Section 299 BNS, exploring its legal language, interpretation, essential elements, nature, scope, comparisons with previous laws, judicial interpretations, landmark cases, impact and concluding insights, all while emphasizing the importance of maintaining religious harmony in a diverse nation. Explore other important Judiciary Notes.

Section 299 BNS

Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders"

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Section 299 BNS addresses acts committed with the intent to insult religious beliefs thereby potentially disrupting communal harmony. The section criminalizes any deliberate and malicious act that insults or attempts to insult the religion or religious beliefs of any class of Indian citizens.

The key elements include:

• Deliberate and Malicious Intention: The act must be done intentionally, with the purpose of offending religious sentiments.
• Outraging Religious Feelings: The act should be capable of provoking feelings of insult or disrespect towards a particular religion.
• Medium of Offense: The offense can be committed through spoken or written words, signs, visible representations, electronic means, or any other method.

The punishment under Section 299 BNS includes imprisonment for up to three years, a fine, or both. The offense is cognizable allowing police to arrest without a warrant and non-bailable, meaning bail is not a right and is granted at the court's discretion . It is triable by a Magistrate of the first class.

This provision ensures that individuals cannot hide behind the guise of free speech to promote hatred or insult religious beliefs, thereby maintaining societal peace.

Section 299 BNS Essential Elements

To establish an offense under Section 299 BNS, the following elements must be proven :

• Deliberate and Malicious Intention : The accused must have acted intentionally, aiming to offend religious sentiments.
• Targeting a Religious Class: The act must be directed towards a specific class of citizens based on their religion.
• Insulting Acts: The act should involve words (spoken or written), signs, visible representations, electronic means, or other methods that insult or attempt to insult the religion or religious beliefs.
• Potential to Outrage: The act must be capable of outraging the religious feelings of the targeted classes.

These elements ensure that only acts with a clear intent to offend and the potential to disrupt religious harmony are punishable under this section .

Section 299 BNS is designed to protect the religious sentiments of various communities in India . By criminalizing deliberate and malicious acts intended to insult religious beliefs the law aims to prevent communal disharmony .

The offense is classified as cognizable, allowing law enforcement to act promptly without prior court approval. It is also non-bailable, indicating the seriousness of the offense and ensuring that the accused cannot secure bail as a matter of right.

The section's broad scope covers various mediums, including electronic communications, ensuring that modern forms of expression are also regulated. This is particularly relevant in the digital age, where offensive content can spread rapidly.

By encompassing a wide range of actions and mediums, Section 299 BNS serves as a comprehensive tool to maintain religious harmony and public order.

Comparison with New BNS Section and Old IPC Section 

Before BNS, similar conduct was covered under section 295A of  Indian Penal Code (IPC). The transition to Section 299 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

The BNS 2023 Section 299 retains the core elements of Section 295A IPC but modernizes the provision by explicitly including electronic means, addressing contemporary challenges in maintaining religious harmony.

Section 299 BNS Judicial Interpretation

Indian courts have consistently upheld the constitutionality of provisions like Section 295A IPC now mirrored in Section 299 BNS . In the landmark case of Ramji Lal Modi v. State of UP (1957), the Supreme Court held that such provisions are reasonable restrictions on the freedom of speech, aimed at maintaining public order.

The judiciary has emphasized that for a conviction under this section, the prosecution must prove deliberate and malicious intent to outrage religious feelings. Mere casual remarks or unintended offenses do not attract liability under this provision.

Courts have also recognized the importance of balancing freedom of expression with the need to protect religious sentiments, ensuring that the law is applied judiciously to prevent misuse while maintaining communal harmony.

Section 299 BNS Landmark Cases

The landmark cases relating to section 299 of Bharatiya Nyaya Sanhita,2023 are explained as under, they are -

• Ramji Lal Modi v. State of UP (1957): The Supreme Court upheld the constitutionality of Section 295A IPC, stating that it imposes reasonable restrictions on free speech to maintain public order.
• Mahendra Singh Dhoni v. Yerraguntla Shyamsundar (2017) : The Supreme Court quashed proceedings against cricketer Dhoni for allegedly hurting religious sentiments, emphasizing the need for clear intent and substantial evidence.
• Baragur Ramachandrappa v. State of Karnataka (2007): The Karnataka High Court held that banning a book for allegedly hurting religious sentiments was justified to maintain public order.
• Raj Kapoor v. Laxman (1980): The Supreme Court highlighted the importance of intent, stating that obscenity laws should not be used to curb artistic expression unless there's a deliberate intent to offend .
• Pravasi Bhalai Sangathan v. Union of India (2014) : The Supreme Court emphasized the need for stringent laws to curb hate speech reinforcing the relevance of provisions like Section 299 BNS in contemporary society .

Section 299 BNS Impact

The enactment of Section 299 BNS underscores the Indian government's commitment to preserving religious harmony in a pluralistic society . By criminalizing deliberate and malicious acts intended to insult religious beliefs, the law serves as a deterrent against hate speech and communal provocations .

In the digital age, where information spreads rapidly, the inclusion of electronic means within the scope of this section is particularly significant . It ensures that online platforms are not misused to propagate content that could incite religious tensions .

However the provision also necessitates careful application to prevent misuse and to ensure that it doesn't infringe upon legitimate freedom of expression . Balancing these interests is crucial for maintaining both communal harmony and democratic freedoms .

Conclusion

Section 299 BNS plays a pivotal role in safeguarding India's secular fabric by penalizing acts that deliberately and maliciously aim to insult religious beliefs. By encompassing modern communication methods, the provision addresses contemporary challenges in maintaining communal harmony.

The law's classification of the offense as non-bailable and cognizable reflects its seriousness, ensuring that such acts are dealt with promptly and effectively. However, it's imperative that the provision is applied judiciously to prevent potential misuse and to uphold the fundamental right to freedom of expression.