Any statement that offends religious sentiment, even honest criticism or academic debate, is automatically criminal under this section.

Courts require proof of deliberate and malicious intent to outrage religious feelings; genuine, bona fide criticism or scholarly discussion of religion is protected and does not amount to an offence.

Indian Penal Code, 1860

Section 295A

repealed

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 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.§

Why this exists

This section balances free speech against communal harmony, criminalising only expression that is both deliberate and malicious in intent to outrage religious feelings, not merely critical, satirical, or academic discussion of religion. It was introduced after communal tensions arising from provocative religious publications in colonial India, and remains one of the more sensitive and frequently litigated provisions in the Code. Under the Bharatiya Nyaya Sanhita, 2023, this offence continues under a renumbered section.

How courts read it

The Supreme Court has upheld this section as a valid restriction on free speech, holding that it only punishes aggravated, deliberately malicious insults calculated to outrage religious feelings, not honest or bona fide criticism, historical or academic discussion of religion, or mere hurt feelings without deliberate malice; courts have repeatedly stressed that the deliberate and malicious intention element must be proven, not presumed, from the mere fact that some group felt offended.

Common misconceptions

Myth: Any statement that offends religious sentiment, even honest criticism or academic debate, is automatically criminal under this section.
Fact: Courts require proof of deliberate and malicious intent to outrage religious feelings; genuine, bona fide criticism or scholarly discussion of religion is protected and does not amount to an offence.