IPC Section 298 - Protecting Religious Feelings From Harmful Words

Among the various sections that address the protection of individuals and society from harm, Section 298 of the Indian Penal Code (IPC) stands out as an important provision aimed at safeguarding religious sentiments. This provision, which penalizes individuals who utter words or make gestures with the intention of offending the religious feelings of others, plays a significant role in maintaining peace and harmony in a diverse and pluralistic society like India.

In this article, we will explore IPC Section 298 in detail, examining its legal implications, the circumstances under which it applies, relevant case law, and the broader societal context in which this provision operates. We will also address its importance in balancing the right to freedom of speech with the need to protect individuals from hate speech and religious intolerance.

Legal Provision Related To IPC Section 298

Section 298 of the IPC states :

Uttering, words, etc., with deliberate intent to wound the religious feelings of any person.—

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.

Key Elements Of Section 298

To better understand the scope and application of Section 298, let us break it down into its key elements:

1. Deliberate Intention: The offense is committed only when the accused has the deliberate intention of wounding the religious feelings of a person. The term “deliberate” implies that the person knowingly and consciously intends to offend or hurt the religious sentiments of another.
2. Uttering Words or Making Sounds: The section specifically addresses the act of uttering words or making sounds with the intent to offend religious feelings. This could include verbal insults, slurs, or derogatory statements made in the presence of someone whose religious sentiments are targeted.
3. Gestures: In addition to words, the section also criminalizes the act of making gestures with the intent to insult or provoke religious feelings. These gestures could be symbolic or physically threatening and are considered an offense when made with the purpose of offending someone’s religion.
4. Placing Objects in Sight: Another important aspect of Section 298 is the act of placing objects in the sight of a person to wound their religious feelings. This could involve offensive images, symbols, or materials that are intended to insult or provoke a reaction from the person based on their religious beliefs.
5. Punishment: The offense under Section 298 is punishable by imprisonment for a term that may extend to one year, or a fine, or both. The punishment is relatively lenient compared to more severe offenses, but it reflects the gravity of religious intolerance in a society that values religious diversity and freedom.

Key Details Of Section 298 Of IPC

Constitutional And Legal Context

Section 298 is situated within the broader framework of Indian constitutional and legal protections. India’s Constitution guarantees the right to freedom of speech and expression under Article 19(1)(a), which allows individuals to express their thoughts, opinions, and beliefs freely. However, this right is not absolute. The Constitution also provides reasonable restrictions on this freedom under Article 19(2), which includes restrictions on speech that may incite hatred, contempt, or disaffection towards any religion or community.

Section 298 is one such restriction. It aims to strike a balance between the freedom of speech and the need to protect individuals and communities from speech that could provoke religious conflict or harm. In a country like India, where religious diversity is a defining feature, the potential for words or actions to inflame religious sentiments is high, making Section 298 a crucial tool in preventing such occurrences.

Interpretation Of Religious Sentiments

A significant challenge in applying Section 298 is defining what constitutes a "wound" to religious feelings. Religious sentiments can be deeply personal and subjective, and what offends one person might not offend another. The law requires the court to consider the intent behind the action and the context in which it occurred.

To determine whether the religious feelings of a person were genuinely wounded, courts may consider the nature of the act, the specific words or gestures used, the relationship between the parties involved, and the social or cultural context in which the action took place. This nuanced interpretation is important to ensure that the law is applied fairly and does not become a tool for suppressing legitimate expression or criticism.

Case Laws And Judicial Interpretation

Over the years, several court rulings have provided insights into the interpretation of Section 298. The courts have emphasized the need to prove the deliberate intention behind the act. Mere criticism or disagreement with religious beliefs does not automatically qualify as an offense under this section unless there is a clear intention to offend or wound religious sentiments.

Some key cases that have influenced the understanding of Section 298 include:

K.K. Verma vs. Union Of India

In this case, the Bombay High Court examined the validity of a notice issued under Section 3 of the Government Premises (Eviction) Act, 1956. The respondent, a tenant of government premises, continued occupying the flat after his tenancy was terminated. The Court ruled that the respondent's possession was lawful, not unauthorized, as he had entered with proper title. The notice to vacate was invalid because the respondent did not fall under the Act's definition of "unauthorized occupation." The appeal was dismissed, and the respondent agreed to vacate the premises voluntarily.

Basir-Ul-Huq And Others vs The State Of West Bengal

In this case, the Supreme Court dealt with the false accusation made by Nurul Huda, alleging that Dhirendra Nath Bera had killed his mother. The Court ruled that the trespass and defamation charges under sections 297 and 500 of, Indian Penal Code, could be prosecuted despite the false report, as they were distinct from the offence of false information under sections 182 and 211. The Court emphasized that section 195 of the Criminal Procedure Code did not bar such prosecutions. The appellants were convicted for trespassing on the cremation ground and defamation, with their appeals dismissed.

Joseph And Ors. vs. State of Kerala

In this case, the accused were convicted under Sections 295 and 380 of the IPC for demolishing a prayer hall and stealing religious articles. The first accused had obtained a court order for property recovery, which included the shed used as a prayer hall by the complainant's family. The trial court acquitted two of the accused and convicted the remaining four, sentencing them to imprisonment. The Kerala High Court found that the demolition was done in the lawful possession of the property by the first accused, without criminal intent, leading to the acquittal of all the accused.

Conclusion

IPC Section 298 plays a vital role in maintaining the social fabric of a religiously diverse country like India. By criminalizing acts that deliberately wound the religious feelings of others, it helps to prevent communal disharmony and religious intolerance. The section serves as a safeguard against hate speech and offensive behavior that could lead to social unrest.

However, the law must be applied judiciously to strike a balance between protecting religious sentiments and preserving the right to freedom of speech. It is essential that the provision be used to protect individuals from genuine harm while avoiding its misuse for silencing legitimate expressions of opinion or critique.

FAQs On IPC Section 298

A few FAQs based on Section 298 of IPC are as follows:

Q1. What types of actions are punishable under Section 298 of IPC?

Section 298 punishes the following acts if done with the deliberate intent to wound someone’s religious feelings:

• Uttering words: Verbal statements intended to offend religious sentiments.
• Making sounds: Producing sounds, such as insults or mocking tones, to hurt religious beliefs.
• Gestures: Physical gestures or symbolic acts that offend religious sentiments.
• Placing objects: Displaying items (e.g., offensive images or symbols) designed to provoke religious distress.

These acts must be performed intentionally to harm another's religious feelings.

Q2. How does Section 298 of IPC balance freedom of speech with religious harmony?

India's Constitution guarantees freedom of speech under Article 19(1)(a), but it allows reasonable restrictions under Article 19(2). Section 298 serves as one such restriction, ensuring:

• Protection against hate speech targeting religious beliefs.
• Prevention of deliberate actions that could incite communal disharmony.

While the law does not curtail legitimate criticism or debate on religion, it penalizes speech or acts specifically aimed at offending religious sentiments.

Q3. What are the penalties for violating Section 298 of IPC?

The punishment for an offense under Section 298 includes:

• Imprisonment: Up to one year (of either rigorous or simple imprisonment).
• Fine: The amount is determined by the court.
• Both: In some cases, both imprisonment and fine may be imposed.

The severity of the punishment depends on the nature and intent of the offense, as determined by the court.

References

1. https://blog.ipleaders.in/offences-relating-to-religion/
2. https://www.lawyersclubindia.com/articles/offences-related-to-religion-under-ipc-14971.asp