KembaraXtra - Bharatiya Nyaya Sanhita - Section 299: Deliberate and Malicious Acts Intended to Outrage Religious Feelings of Any Class

Q1. What does Section 299 of the Bharatiya Nyaya Sanhita deal with?

Answer:

Section 299 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes 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
• Their religious beliefs.

The insult or attempted insult may be communicated through:

• Spoken words;
• Written words;
• Signs;
• Visible representations;
• Electronic means; or
• Otherwise.

The central feature of the offence is the existence of a deliberate and malicious intention to outrage the religious feelings of the class concerned.

Basic Formula

Insult/attempted insult to religion or religious beliefs + class of citizens + deliberate and malicious intention = Section 299

Q2. What is the object of Section 299?

Answer:

The object of Section 299 is to protect the religious feelings of classes of citizens against intentional and malicious attacks upon their religion or religious beliefs.

The provision is not concerned merely with the fact that someone feels offended. Its focus is on conduct undertaken with the particular mental element prescribed by the section:

Deliberate + Malicious intention to outrage religious feelings.

Q3. Which IPC provision corresponds to Section 299 BNS?

Answer:

According to the supplied comments:

Section 299 BNS → Section 295A IPC

The provision has substantially been retained, with the supplied comments specifically identifying the addition of:

“or through electronic means”

under the BNS.

Q4. What is the important BNS addition to Section 299?

Answer:

The important addition is the express inclusion of:

“through electronic means”

This makes clear that the prohibited insult or attempted insult may also be communicated through electronic modes.

The section therefore expressly accommodates modern forms of communication.

Memory Point

IPC Section 295A → BNS Section 299 + express electronic means

Q5. What are the essential ingredients of Section 299?

Answer:

According to the supplied comments, three principal ingredients must exist.

First — Insult or attempted insult

The accused must insult or attempt to insult:

• The religion; or
• Religious beliefs

of a class of citizens of India.

Second — Deliberate and malicious intention

The insult or attempted insult must be committed with:

• Deliberate intention; and
• Malicious intention

to outrage the religious feelings of that class.

Third — Mode of expression

The insult or attempted insult may be made through:

• Spoken words;
• Written words;
• Signs;
• Visible representations;
• Electronic means; or
• Otherwise.

Q6. What is the most important mental element under Section 299?

Answer:

The accused must possess a deliberate and malicious intention.

Both expressions are important.

It is not enough merely to establish that the accused performed an act and that somebody regarded it as offensive.

The prosecution must establish the particular intention specified by Section 299.

Memory Formula

DELIBERATE + MALICIOUS = Section 299 mens rea

Q7. What is meant by “deliberate” in Section 299?

Answer:

“Deliberate” indicates that the conduct is intentional rather than:

• Accidental;
• Inadvertent; or
• Unintentional.

The accused must consciously engage in the offending conduct with the relevant purpose.

Q8. What is the significance of “malicious”?

Answer:

The word “malicious” adds a further element to the required mental state.

The section does not merely require a deliberate act. The deliberate act must also be accompanied by the malicious intention of outraging the religious feelings of the relevant class.

This distinguishes Section 299 from provisions where mere deliberateness may be sufficient.

Q9. Is mere deliberate conduct sufficient under Section 299?

Answer:

No.

According to the wording supplied, the intention must be both:

• Deliberate; and
• Malicious.

Therefore:

Deliberate alone ≠ sufficient

Deliberate + malicious intention to outrage = required mental element

Q10. Is mere insult enough to constitute the offence?

Answer:

No.

The insult must satisfy the other statutory requirements.

It must concern:

• Religion; or
• Religious beliefs

of a class of citizens of India, and it must be accompanied by the required deliberate and malicious intention.

Therefore, the offence cannot be understood simply as:

“Something offensive was said, therefore Section 299 applies.”

The required intention remains essential.

Q11. What must be insulted under Section 299?

Answer:

The provision specifically refers to:

1.     The religion of a class of citizens; or

2.     The religious beliefs of that class.

Thus, the subject of the insult must have the religious character contemplated by the provision.

Q12. Who is protected under Section 299?

Answer:

The section refers to the religious feelings of “any class of citizens of India.”

Therefore, the provision has a collective or class-based character.

This is particularly important when distinguishing Section 299 from Section 302.

Memory Rule

299 = CLASS

302 = INDIVIDUAL

Q13. What does “class” signify for study purposes?

Answer:

The supplied comments treat Section 299 as protecting the religious feelings of a class of persons, rather than merely addressing a personally directed insult against one individual.

Thus, the focus is on a group connected by religion or religious belief.

Q14. Does Section 299 cover an attempted insult?

Answer:

Yes.

The section expressly covers a person who:

• Insults; or
• Attempts to insult

the religion or religious beliefs of the relevant class.

Therefore, the statutory wording extends beyond completed insult to an attempted insult satisfying the required mental element.

Q15. What forms of communication are covered by Section 299?

Answer:

Section 299 is broadly worded.

It covers:

Spoken words

Oral statements may fall within the provision.

Written words

Written material may also fall within the provision.

Signs

A sign may communicate the prohibited insult.

Visible representations

Visual forms of representation are expressly included.

Electronic means

Electronic communication is expressly included under the BNS wording supplied.

Otherwise

The phrase “or otherwise” gives the provision a broad mode of expression.

Q16. Can spoken words attract Section 299?

Answer:

Yes.

The statutory wording expressly includes words that are spoken.

However, the other ingredients must still be established, particularly the deliberate and malicious intention to outrage the religious feelings of the class concerned.

Q17. Can written words attract Section 299?

Answer:

Yes.

The section expressly covers written words.

Again, the mere existence of written material is not enough. The required statutory intention must accompany it.

Q18. Can signs and visible representations fall within Section 299?

Answer:

Yes.

The offence is not confined to verbal communication.

It expressly includes:

• Signs; and
• Visible representations.

Therefore, visual expression may fall within the section where all the required ingredients are satisfied.

Q19. Can electronic communication fall within Section 299?

Answer:

Yes.

The BNS expressly includes communication “through electronic means.”

This is the principal drafting addition highlighted in the supplied comments.

Thus, the provision expressly extends to religious insults or attempted insults communicated electronically, provided the required deliberate and malicious intention is established.

Q20. Why is the addition of “electronic means” significant?

Answer:

It expressly recognises that communication is no longer confined to:

• Speech;
• Traditional writing; or
• Physical representations.

The statutory language now expressly accommodates electronic forms of expression.

The underlying ingredients of the offence, however, remain the same.

Electronic communication does not remove the requirement to establish deliberate and malicious intention.

Q21. Is accidental electronic communication sufficient?

Answer:

No.

The medium does not replace the mental element.

Whether the communication is:

• Oral;
• Written;
• Visual; or
• Electronic,

the prosecution must establish the required deliberate and malicious intention.

Q22. Give a simple example of the operation of Section 299.

Answer:

Suppose A deliberately creates and distributes material insulting the religious beliefs of a class of citizens specifically with a malicious intention to outrage their religious feelings.

If the other statutory requirements are established, Section 299 may apply.

The important elements are not merely the existence of offensive material but:

Religious insult + class + deliberate intention + malicious intention.

Q23. What if a person acts accidentally?

Answer:

An accidental act does not satisfy the requirement of deliberate and malicious intention.

Therefore, accidental conduct, by itself, does not establish Section 299.

Q24. What if the act is deliberate but there is no malicious intention to outrage religious feelings?

Answer:

The supplied wording requires both deliberate and malicious intention.

Therefore, proof that an act was intentional does not by itself establish the complete mental element.

The malicious intention specified by the section must also be present.

Q25. Why is mens rea particularly important under Section 299?

Answer:

Because the statutory language expressly qualifies the prohibited conduct by reference to the offender's state of mind.

The prosecution must connect the insult or attempted insult with the purpose of outraging the religious feelings of the relevant class.

Thus, the nature of the words or representation must be considered together with the required intention.

Q26. What is the distinction between Section 299 and Section 298 mentioned in the supplied comments?

Answer:

The supplied comments distinguish the provisions principally according to the nature of the prohibited act.

Section 298

The offence involves certain acts relating to:

• A place of worship; or
• An object held sacred,

such as defilement, destruction or damage.

Section 299

The offence is committed through forms of expression such as:

• Spoken words;
• Written words;
• Signs;
• Visible representations; and
• Electronic means.

Memory Rule

298 = SACRED PLACE / OBJECT

299 = WORDS / SIGNS / REPRESENTATIONS / ELECTRONIC EXPRESSION

Q27. What is the basic conceptual distinction between Sections 298 and 299?

Answer:

Section 298 is primarily concerned with acts affecting sacred places or objects.

Section 299 is primarily concerned with expression insulting religion or religious beliefs, accompanied by deliberate and malicious intention.

In simplified form:

Section 298 → physical interference with sacred place/object

Section 299 → deliberate and malicious religious insult through expression

Q28. How does Section 299 differ from Section 300?

Answer:

Section 299

Focuses on insulting religion or religious beliefs of a class of citizens with deliberate and malicious intention.

Section 300

Focuses on voluntarily disturbing a lawful religious assembly engaged in worship or religious ceremonies.

Memory Rule

299 = INSULT

300 = DISTURB

Q29. How does Section 299 differ from Section 301?

Answer:

Section 299

Deals primarily with deliberate and malicious expression insulting religion or religious beliefs.

Section 301

Deals with matters such as:

• Trespass in places of worship or burial;
• Indignity to human corpses; and
• Disturbance of funeral ceremonies,

where the required intention or knowledge exists.

Memory Rule

299 = RELIGIOUS INSULT

301 = BURIAL / CORPSE / FUNERAL INTERFERENCE

Q30. How does Section 299 differ from Section 302?

Answer:

This is one of the most important distinctions for examination purposes.

Section 299

The target is:

A class of citizens

The intention must be:

Deliberate + malicious

The prohibited conduct insults or attempts to insult:

• Religion; or
• Religious beliefs.

The punishment may extend to:

3 years

Section 302

The target is:

An individual

The intention must be:

Deliberate

The conduct involves:

• Words;
• Sounds;
• Gestures; or
• Objects

directed within the hearing or sight of the individual with the intention of wounding that person's religious feelings.

The punishment may extend to:

1 year

Memory Formula

299 = CLASS + DELIBERATE + MALICIOUS

302 = INDIVIDUAL + DELIBERATE

Q31. Why is Section 299 considered graver than Section 302 in the supplied comparison?

Answer:

Section 299 has:

• A class or community as its target;
• A requirement of deliberate intention;
• An additional requirement of malicious intention; and
• A higher maximum punishment.

Section 302, by comparison, concerns deliberate conduct directed at the religious feelings of an individual.

Q32. What is the punishment under Section 299?

Answer:

A person convicted under Section 299 may be punished with:

• Imprisonment of either description for a term which may extend to three years; or
• Fine; or
• Both.

Punishment Formula

Up to 3 years / fine / both

Q33. What is the classification of Section 299?

Answer:

According to the supplied classification, Section 299 is:

• Cognizable;
• Non-bailable; and
• Triable by a Magistrate of the First Class.

Classification Formula

Cognizable + Non-Bailable + Magistrate First Class

Q34. Has Section 299 substantially changed the corresponding IPC offence?

Answer:

According to the supplied comments, the provision corresponds to Section 295A IPC and has substantially been retained.

The specific change highlighted is the addition of the words:

“or through electronic means”

Thus, the principal substantive framework remains the same while electronic communication is expressly recognised.

Q35. What is the easiest examination test for Section 299?

Answer:

Ask four questions:

Step 1 — Target

Is the conduct directed against the religion or religious beliefs of a class of citizens of India?

Step 2 — Act

Was there an insult or attempted insult?

Step 3 — Intention

Was the intention both:

• Deliberate; and
• Malicious?

Step 4 — Medium

Was the conduct expressed through:

• Spoken/written words;
• Signs;
• Visible representations;
• Electronic means; or
• Otherwise?

If these elements are established, Section 299 may apply.

Key Provisions (Study Notes)

Nature of the Offence

Section 299 deals with deliberate and malicious acts intended to outrage the religious feelings of a class of citizens of India.

Protected Interest

The provision protects:

• Religion; and
• Religious beliefs

against the particular form of deliberate and malicious insult contemplated by the section.

Target

The provision is class-oriented.

Key Phrase

“Any class of citizens of India”

Actus Reus

The accused must:

• Insult; or
• Attempt to insult

the religion or religious beliefs of the class concerned.

Mens Rea

The intention must be:

Deliberate

and

Malicious

and directed toward:

Outraging religious feelings

This is the heart of Section 299.

Modes Covered

The insult may be through:

• Spoken words;
• Written words;
• Signs;
• Visible representations;
• Electronic means; or
• Otherwise.

Important BNS Change

The supplied comments identify the express addition:

“or through electronic means”

This modernises the wording to expressly accommodate electronic communication.

Memory Formula

295A IPC → 299 BNS → Electronic means expressly added

Section 298 and Section 299 - Quick Distinction

Section 298

Think:

Sacred place or sacred object

The focus is on acts such as defilement, destruction or damage.

Section 299

Think:

Religious expression

The focus is on words, signs, representations, electronic means or otherwise, coupled with deliberate and malicious intention.

Memory Trick

298 = PLACE / OBJECT

299 = EXPRESSION

Sections 299 to 302 - Sequential Revision Notes

Section 299 — Outraging Religious Feelings

Class + deliberate + malicious + religious insult

Punishment:

Up to 3 years / fine / both

Section 300 — Disturbing Religious Assembly

Lawful religious assembly + voluntary disturbance

Punishment:

Up to 1 year / fine / both

Section 301 — Trespassing on Burial Places, etc.

Protected religious/funeral place or corpse + prohibited interference + intention/knowledge

Punishment:

Up to 1 year / fine / both

Section 302 — Wounding Religious Feelings

Individual + deliberate intention + word/sound/gesture/object

Punishment:

Up to 1 year / fine / both

Quick Revision Notes - Section 299

BNS Provision

Section 299

IPC Equivalent

Section 295A IPC

Target

Class of citizens of India

Protected Matter

Religion or religious beliefs

Conduct

Insult or attempted insult

Mens Rea

Deliberate + malicious intention

Purpose

Outraging religious feelings

Modes

Spoken words / written words / signs / visible representations / electronic means / otherwise

BNS Addition

Electronic means

Punishment

Up to 3 years / fine / both

Classification

Cognizable + Non-Bailable + Magistrate First Class

Ultimate Memory Formula

SECTION 299

CLASS OF CITIZENS

+

RELIGION / RELIGIOUS BELIEFS

+

INSULT OR ATTEMPTED INSULT

+

DELIBERATE INTENTION

+

MALICIOUS INTENTION

+

WORDS / SIGNS / REPRESENTATIONS / ELECTRONIC MEANS

=

SECTION 299

Key Takeaway

Section 299 BNS punishes insulting or attempting to insult the religion or religious beliefs of a class of citizens of India where the accused acts with the deliberate and malicious intention of outraging their religious feelings.

The mental element is particularly important. Mere offensiveness is not, by itself, the complete statutory test; the required deliberate and malicious intention must accompany the prohibited conduct.

The section corresponds to Section 295A IPC, with the supplied comments highlighting the express addition of “electronic means” under the BNS.

For rapid revision:

299 = CLASS + RELIGIOUS INSULT + DELIBERATE + MALICIOUS + UP TO 3 YEARS

And to distinguish the surrounding provisions:

298 = sacred place/object

299 = insult religion of a class

300 = disturb religious assembly

301 = burial/corpse/funeral interference

302 = wound religious feelings of an individual.