Section 299 BNS: Deliberate and Malicious Acts Intended to Outrage Religious Feelings
Section 299 of the Bharatiya Nyaya Sanhita, 2023 deals with deliberate and malicious acts intended to outrage the religious feelings of a class of citizens of India by insulting, or attempting to insult, its religion or religious beliefs. The provision expressly covers spoken or written words, signs, visible representations, electronic means and other modes of communication.
- Law
- Bharatiya Nyaya Sanhita, 2023
- Section
- 299
- Chapter
- Chapter XVI - Offences Relating to Religion
- Maximum punishment
- Imprisonment up to three years, or fine, or both
- Nature of offence
- Cognizable and non-bailable
- Trial court
- Magistrate of the first class
Text of Section 299 BNS
Section 299. 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.
The provision is part of Chapter XVI of the Bharatiya Nyaya Sanhita, 2023, which contains offences relating to religion.
Meaning and Scope of Section 299 BNS
Section 299 does not criminalise every statement, criticism, disagreement or expression concerning religion. The statutory wording requires a specific mental element: the act must be accompanied by a deliberate and malicious intention to outrage the religious feelings of a class of citizens.
The prohibited conduct may take the form of spoken words, written words, signs, visible representations, electronic communications or other means. The section also covers an attempt to insult the religion or religious beliefs of the protected class when the required intention is present.
Essential Ingredients of the Offence
For Section 299 BNS to apply, the prosecution would ordinarily need to establish the following elements:
- There is an act expressed through words, signs, visible representations, electronic means or another mode.
- The act insults, or attempts to insult, the religion or religious beliefs of a class of citizens of India.
- The conduct is deliberate.
- The conduct is malicious.
- The intention is specifically to outrage the religious feelings of that class.
The requirement of deliberate and malicious intention is central. Mere carelessness, inadvertence, an accidental statement or an expression lacking the statutory intention does not automatically satisfy the offence.
Punishment and Procedural Classification
| Particular | Section 299 BNS |
|---|---|
| Punishment | Imprisonment of either description up to three years, or fine, or both |
| Cognizable | Yes |
| Bailable | No - the offence is non-bailable |
| Court competent to try | Magistrate of the first class |
The above procedural classification appears in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Electronic Means and Online Content
Section 299 expressly includes acts committed "through electronic means". Accordingly, the form of communication may include online posts, digital publications, messages, images, videos, graphics or other electronic content, provided the statutory ingredients - especially deliberate and malicious intention - are established.
The existence of electronic communication alone is not sufficient. Liability still depends on the nature of the content, the surrounding circumstances and proof of the required intention.
Previous Sanction Before a Court Takes Cognizance
Section 217(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that no Court shall take cognizance of an offence punishable under Section 299 BNS except with the previous sanction of the Central Government or the State Government.
This is a cognizance requirement. It should be distinguished from the separate questions of registration of information, investigation and arrest, which are governed by the applicable provisions of the BNSS and the facts of the case.
Section 299 BNS and Former Section 295A IPC
Section 299 BNS substantially carries forward the offence that was contained in Section 295A of the Indian Penal Code, 1860. A notable express addition in the BNS wording is the reference to conduct committed "through electronic means".
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It received Presidential assent on 25 December 2023 and, except for the separately excluded provision in Section 106(2), came into force on 1 July 2024 under the Central Government commencement notification.
Important Supreme Court Principles
Ramji Lal Modi v. State of Uttar Pradesh
The Supreme Court upheld the constitutional validity of the predecessor provision, Section 295A IPC, and treated it as directed at aggravated forms of insult to religion connected with deliberate and malicious intention.
Mahendra Singh Dhoni v. Yerraguntla Shyamsundar
The Supreme Court reiterated that the predecessor provision does not penalise every insult or attempt to insult religion. The required deliberate and malicious intention must be present, and conduct offered unwittingly, carelessly or without that intention does not fall within the offence.
These decisions concerned Section 295A IPC. Because Section 299 BNS carries forward the same core requirement of deliberate and malicious intention, the principles remain important when understanding the mental element of the new provision, subject to future judicial interpretation of the BNS.
Frequently Asked Questions
What is the punishment under Section 299 BNS?
The punishment may extend to three years' imprisonment, or fine, or both.
Is Section 299 BNS cognizable?
Yes. The First Schedule to the BNSS classifies it as a cognizable offence.
Is Section 299 BNS bailable?
No. It is classified as non-bailable.
Can Section 299 BNS apply to social media or other online content?
Yes. The section expressly includes conduct through electronic means. However, the prosecution must still prove the required deliberate and malicious intention and the other statutory ingredients.
Which court tries an offence under Section 299 BNS?
The First Schedule to the BNSS states that it is triable by a Magistrate of the first class.
Is government sanction required before cognizance?
Yes. Under Section 217(1) BNSS, a Court cannot take cognizance of an offence under Section 299 BNS without the previous sanction of the Central Government or the State Government.
Legal note: This page provides general statutory information. Application of Section 299 depends on the allegations, context, evidence, intention attributed to the accused and the procedural stage of the case.
Last reviewed: 10 September 2026.