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IPC 298

IPC Section 298 – Uttering Words With Deliberate Intent to Wound Religious Feelings | Bail, FIR & Free Legal Consultation
Section 298 · Indian Penal Code

IPC Section 298 – Uttering Words With Deliberate Intent to Wound Religious Feelings

Section 298 of the Indian Penal Code punishes a person who, with the deliberate intention of wounding the religious feelings of any person, utters any word, makes any sound, makes any gesture, or places any object in the sight of that person. Unlike Section 295 (which addresses physical damage to a place of worship or sacred object), this section targets purely verbal, sound-based, gestural, or visual acts directed at hurting religious sentiment.

Punishment: Up to 1 Year or Fine or Both
Cognizable: No
Bailable: Yes
Compoundable: Yes
BNS 2023 equivalent: Section 302
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Quick Answer: What Does Section 298 Mean?

In simple terms, Section 298 applies whenever a person deliberately utters a word, makes a sound, makes a gesture, or places an object where another person will see or hear it, specifically intending to wound that person's religious feelings. The key requirement is "deliberate intention" — courts have emphasized that an offhand remark, made without the specific purpose of hurting religious sentiment, does not attract this section, even if it happens to cause offence. This is a comparatively minor offence compared to Sections 295 and 295A, and is bailable and compoundable, allowing for relatively swift resolution.

Applies to words, sounds, gestures, or objects meant to wound religious feelings
Requires deliberate intention specifically to hurt religious sentiment
Punishable with up to 1 year's imprisonment, or fine, or both
Non-cognizable, bailable, and compoundable

What is IPC Section 298?

IPC Section 298 falls within Chapter XV of the Indian Penal Code ("Of Offences Relating to Religion"), the final and comparatively least severe provision in this group of sections (295 to 298), which are together aimed at preserving communal harmony by criminalizing acts intended to hurt or insult religious sentiment. While Section 295 addresses physical destruction or defilement of places of worship, and Section 295A addresses deliberate and malicious acts intended to outrage religious feelings through more serious or organized conduct, Section 298 covers the everyday scenario of individual verbal, gestural, or object-based acts done with the specific intent to wound another's religious feelings.

The section is broadly worded to capture uttering a word, making a sound, making a gesture, or placing an object within the sight of the targeted person — but the essential and often decisive ingredient is the "deliberate intention" of wounding religious feelings. Courts have consistently held that this requires clear proof of specific intent; a statement or act made in the course of ordinary conversation, academic discussion, or without the specific purpose of insult, even if it incidentally causes offence, does not fall within this section.

Important Update: IPC to BNS Transition

With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 298 IPC now corresponds to Section 302 of the BNS, which retains the identical definition, punishment, and classification. FIRs/complaints registered before 1 July 2024 continue to be tried under IPC 298; incidents after that date are registered under the corresponding BNS provision.

Punishment Under Section 298

ImprisonmentImprisonment of either description (simple or rigorous) for a term which may extend to 1 year
FineOr with fine, or with both imprisonment and fine
Nature of OffenceNon-Cognizable — police cannot investigate or arrest without a Magistrate's order/warrant
Bailable / Non-BailableBailable — bail is a matter of right
CompoundableCompoundable — the case can be settled between the parties
Triable ByAny Magistrate
Related ProvisionsSection 295 (injuring/defiling place of worship), Section 295A (malicious acts outraging religious feelings), Section 296 (disturbing religious assembly)

Key Ingredients / Essential Elements

1

Uttering a word, making a sound, a gesture, or placing an object

The act must be one of these four specific forms of conduct — verbal, auditory, gestural, or the visible placement of an object.

2

The act must be within the hearing or sight of the targeted person

The word/sound must be in the hearing of the person, and the gesture/object must be in their sight.

3

Deliberate intention to wound religious feelings

This is the central and often decisive ingredient — the act must be done with a specific, deliberate purpose of hurting the religious sentiments of the targeted person, not merely as an incidental or unintended effect.

4

The feelings wounded must be religious in nature

The offence is specifically concerned with harm to religious sentiment, distinguishing it from general insult or defamation, which are addressed under separate provisions.

What Should You Do — For Complainants and For the Accused

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If Your Religious Feelings Were Deliberately Wounded

  1. Since the offence is non-cognizable, file a formal complaint before the Magistrate rather than expecting the police to register a direct FIR.
  2. Document the specific words, sounds, gestures, or objects involved, along with witnesses who can corroborate the incident and the deliberate intent behind it.
  3. Consider whether the incident might also fall within the more serious Section 295A, if it reflects a broader, more deliberate or malicious campaign to outrage religious feelings.
📞 Talk to a Lawyer — Complainant Support
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If You Are Accused Under Section 298

  1. Since the offence is bailable, bail can typically be secured without significant difficulty.
  2. A key defence is to show that the act was not done with the specific "deliberate intention" of wounding religious feelings — for example, if the statement was made in the course of academic, artistic, or general discussion without such intent.
  3. Since the offence is compoundable, explore whether the matter can be resolved through settlement with the complainant, potentially avoiding a lengthy trial.
📞 Talk to a Lawyer — Defence Support

Complaint & Bail Process Under Section 298

STEP 1

Filing a Complaint

Being non-cognizable, the aggrieved person must file a formal complaint before a Magistrate rather than relying on a police FIR.

STEP 2

Magistrate's Examination

The Magistrate examines the complaint and evidence to determine whether the requisite deliberate intention to wound religious feelings is prima facie established.

STEP 3

Bail

Being bailable, the accused is entitled to bail as a matter of right if summoned or arrested in connection with the case.

STEP 4

Trial or Compounding

The case proceeds to trial before the Magistrate, though being compoundable, the parties may settle the matter at any stage.

Important / Landmark Cases on Section 298

Supreme Court of India

Ramji Lal Modi v. State of U.P. (1957)

While primarily addressing Section 295A, the Supreme Court's discussion of the religion-related provisions in the IPC (Chapter XV) clarified that these sections must be understood together as a scheme intended to protect religious sentiment while respecting the constitutional right to freedom of speech and expression, subject to reasonable restrictions in the interest of public order.

Principle relied on: Restrictions on speech relating to religion under this chapter must be interpreted narrowly and applied only where the specific statutory ingredients — including, for Section 298, deliberate intention — are clearly established.
General Judicial Interpretation

Emphasis on "Deliberate Intention" as the Key Ingredient

Courts examining Section 298 cases have consistently emphasized that mere hurt feelings, without proof of the accused's deliberate and specific intention to wound religious sentiment, are insufficient to sustain a conviction — the prosecution must establish this specific state of mind.

Principle relied on: The word "deliberate" in Section 298 imposes a higher threshold than mere knowledge or recklessness; the accused must be shown to have specifically intended the religious insult, not merely spoken carelessly or in a manner that incidentally caused offence.

Frequently Asked Questions on Section 298

What exactly does IPC Section 298 punish?+
It punishes deliberately uttering a word, making a sound, gesture, or placing an object to wound another's religious feelings, with imprisonment up to 1 year, fine, or both.
Is Section 298 a cognizable offence?+
No, it is non-cognizable — a formal complaint before a Magistrate is required.
Is Section 298 a bailable offence?+
Yes, it is bailable.
Can Section 298 cases be settled directly?+
Yes, it is compoundable, allowing the parties to resolve the matter through settlement.
Does an offhand or unintentional remark attract Section 298?+
No, the section specifically requires "deliberate intention" to wound religious feelings; an unintentional or incidental remark does not suffice.
What is the difference between Section 298 and Section 295A?+
Section 298 covers individual acts (words, sounds, gestures, objects) done with deliberate intent to wound religious feelings, with a lower punishment; Section 295A addresses more deliberate and malicious acts intended to outrage religious feelings, carrying up to 3 years, and is non-bailable and non-compoundable.
Which court tries a Section 298 case?+
Any Magistrate.
Is Section 298 often charged with other offences?+
Yes, sometimes alongside Sections 295, 295A, 296, and 153A, depending on the severity and nature of the conduct alleged.
What should I do if I'm falsely accused under Section 298?+
Consult a criminal lawyer to secure bail, and to challenge whether the requisite "deliberate intention" to wound religious feelings is actually established.
Is Section 298 IPC still valid after the BNS came into force?+
IPC Section 298 continues for offences before 1 July 2024; after that, Section 302 BNS applies with the same punishment and classification.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Please verify current provisions with a qualified advocate before taking any action.
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