Section 298 IPC: Uttering Words With Deliberate Intent to Wound Religious Feelings
Section 298 of the Indian Penal Code, 1860 dealt with words, sounds, gestures or objects used in the presence of a person with the deliberate intention of wounding that person's religious feelings.
Section 298 IPC - Statutory Provision
Uttering words, etc., with deliberate intent to wound religious feelings. 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.
The provision focused on intentional conduct directed at the religious feelings of an identifiable person. The statutory requirement of a deliberate intention was central to the offence. Mere use of words, making of a sound, gesture or display of an object was not by itself the complete statutory test; the prohibited act had to be accompanied by the deliberate intention specified in Section 298.
Essential Ingredients of Section 298 IPC
For the conduct described by Section 298 IPC, the statutory ingredients included:
- the accused must have acted with the deliberate intention of wounding the religious feelings of a person;
- the accused must have uttered a word or made a sound in that person's hearing, made a gesture in that person's sight, or placed an object in that person's sight; and
- the intentional act and the targeted person's religious feelings must fall within the connection contemplated by the section.
The word deliberate makes the mental element important. Whether that intention is established depends on the facts, surrounding circumstances, words or conduct relied upon, and admissible evidence in the particular case.
Punishment and CrPC Classification Before BNS
| Legal point | Position under the pre-BNS framework |
|---|---|
| Provision | Section 298, Indian Penal Code, 1860 |
| Nature of conduct | Specified words, sounds, gestures or objects used with deliberate intent to wound the religious feelings of a person |
| Punishment | Up to one year imprisonment of either description, or fine, or both |
| Cognizable | No - non-cognizable |
| Bailable | Yes |
| Triable by | Any Magistrate |
| Compounding | Compoundable by the person whose religious feelings were intended to be wounded, under the applicable CrPC compounding provision |
Scope and Meaning of Section 298 IPC
1. Deliberate intention was required
The language of Section 298 expressly required a deliberate intention to wound religious feelings. Accordingly, the required mental element could not be omitted when considering whether the section was attracted.
2. The communication or act had to be in the person's hearing or sight
The section specifically referred to a word or sound made in the hearing of the person, or a gesture or object in that person's sight. This wording distinguished the provision from broader offences dealing with religious groups or classes.
3. Section 298 was distinct from Section 295A IPC
Section 298 concerned deliberate intent to wound the religious feelings of any person through the modes stated in the section. Section 295A separately dealt with deliberate and malicious acts intended to outrage the religious feelings of a class of citizens of India by insulting or attempting to insult their religion or religious beliefs. The ingredients and punishment of the two provisions were therefore not identical.
Frequently Asked Questions
What was Section 298 IPC?
It penalised specified words, sounds, gestures or objects used with the deliberate intention of wounding the religious feelings of a person.
What was the maximum punishment under Section 298 IPC?
The maximum term was one year of imprisonment of either description. The court could instead impose a fine, or impose both imprisonment and fine.
Was an offence under Section 298 IPC bailable?
Yes. Under the CrPC classification applicable before commencement of the new criminal laws, it was bailable and non-cognizable.
Could an offence under Section 298 IPC be compounded?
Yes. Under the applicable CrPC compounding table, it could be compounded by the person whose religious feelings were intended to be wounded.
Is this page describing the law before the Bharatiya Nyaya Sanhita, 2023?
Yes. This article is deliberately confined to the IPC and CrPC legal position before the new criminal-law regime commenced on 1 July 2024.
Note: This article is a general legal reference to the pre-BNS statutory framework. Application of a criminal provision depends on the facts, date of the alleged conduct and applicable law.