Balancing Faith and Public Order

The Bharatiya Nyaya Sanhita, 2023 (BNS) contains specific provisions which deal with the offences relating to religion. These provisions cover acts that hurt or insult religious feelings, defile places of worship, disturb religious gatherings, trespass on burial or funeral places, or show disrespect to religious practices or objects considered sacred. The law recognizes that religion holds an important place in the lives of people and that deliberate acts aimed at insulting or outraging religious feelings can disturb peace and harmony. At the same time, it makes a distinction between casual or unintentional acts and those committed with deliberate and malicious intention.

The BNS lays down punishments ranging from imprisonment to fines, depending on the nature and seriousness of the act, while also clarifying through judicial pronouncements that only acts done with clear intent to wound religious sentiments are culpable.

 What happens if someone destroys, damages or defiles a place of worship or an object sacred to a group intending to insult their religion?

If a person does this with the intention of insulting the religion of that group, or knowing that people are likely to feel insulted, he can be punished with imprisonment of up to two years, or a fine, or both.

What happens if someone deliberately and maliciously insults a religion to hurt the religious feelings of a group of citizens?

If a person, with deliberate and malicious intention, tries to outrage the religious feelings of any class of Indian citizens by insulting their religion or beliefs whether by spoken or written words, signs, visible representations, electronic means, or otherwise, they can be punished with imprisonment of up to three years, or a fine, or both.

 What are the important points of this offence?

(a)
The act must be a serious and intentional insult to religion.

(b)
It must be done with a deliberate and malicious purpose to hurt religious feelings.

(c)
The act should be capable of disturbing public order.

(d)
Accidental or careless remarks without malicious intent do not amount to an offence.

(e)
In Mahendra Singh Dhoni v. Yerraguntla Shyamsundar (2017) 7 SCC 760, the Supreme Court held that casual or unintentional acts cannot be punished under the law.

 What happens if someone disturbs a lawful religious gathering or ceremony?

Anyone who voluntarily causes disturbance to a lawful religious assembly or ceremony can be punished with imprisonment of up to one year, or a fine, or both.

 What happens if someone trespasses into religious or burial places, insults funeral rites, or disrespects a corpse?

If a person, with the intention of hurting someone’s feelings or insulting their religion, or knowing that such hurt is likely, does any of the following:

(a)
trespasses into a place of worship,

(b)
trespasses into a burial ground or sepulchre,

(c)
trespasses into a place meant for funeral rites or for keeping the remains of the dead,

(d)
insults or shows disrespect to a human corpse,

(e)
disturbs people performing funeral ceremonies, then they can be punished with imprisonment of up to one year, or a fine, or both.

 What happens if someone deliberately uses words, sounds, gestures, or objects to wound the religious feelings of a person?

If a person, with deliberate intent to hurt religious feelings, does any of the following:

(a) utters words,

(b)
makes sounds in the hearing of that person,

(c)
makes gestures in their sight, or

(d)
places an object in their sight, they can be punished with imprisonment of up to one year, or a fine, or both.

Therefore, the provisions dealing with offences relating to religion under the BNS ensure protection of religious places, ceremonies and feelings of individuals and communities from intentional insult or disturbance. They cover a wide range of situations whether it is damaging a place of worship, insulting religious beliefs with malicious intent, disturbing lawful assemblies or funeral rites, or deliberately hurting a person’s religious feelings by words, gestures, or actions. The law provides punishments of imprisonment, fine, or both, depending on the offence. These provisions balance the need to safeguard religious harmony and public order with the principle that only deliberate and malicious acts are punishable while careless or unintentional remarks do not attract liability.

Muneeb Rashid Malik is an Advocate. He tweets @muneebmalikrash.