Uttering words, etc., with deliberate intent to wound religious feelings
Section 298 of the Indian Penal Code, 1860 deals with uttering words, etc., with deliberate intent to wound religious feelings. Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either d The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY
CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY
Of offences affecting life
Section 298, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 302 Uttering words, etc., with deliberate intent to wound religious feelings of any person Close, with changes 78%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Pravasi Bhalai Sangathan vs U. O. I.
Court's Decision & Legal Precedent
Where statutory provisions provide comprehensive remedies for addressing hate speeches, and the existing legal regime is sufficiently developed to address the menace through enforcement by law enforcing agencies and executive bodies, courts should not issue new judicial directions that go beyond their separation of powers authority or create judicially unmanageable orders. Instead, courts should emphasize effective execution of existing law and request appropriate bodies like the Law Commission to undertake legislative study and make recommendations for strengthening the legal framework. Judicial activism, while legitimate for addressing legal vacuums or preventing fraud upon statutes, must yield to separation of powers principles and the primacy of legislative action when the legislature has already expressed its will through comprehensive statutory schemes.
On this section: Acts with deliberate and malicious intention of hurting religious feelings of any person; distinguished from Section 295A as dealing with less serious offences
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 298
What have the courts held on Section 298 of the Indian Penal Code?
Pravasi Bhalai Sangathan vs U. O. I. (12 Mar 2014) is the leading judgment on this section among those set out below: Acts with deliberate and malicious intention of hurting religious feelings of any person; distinguished from Section 295A as dealing with less serious offences.
How do I find court cases under Section 298 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 298, section 298 IPC, section 298 of the Indian Penal Code. People searching for it also type ipc 298 in bns and ipc 298a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Pravasi Bhalai Sangathan vs U. O. I. (12 Mar 2014).
What should I read with Section 298 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 302 (Uttering words, etc., with deliberate intent to wound religious feelings of any person), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 298 of the Indian Penal Code come into force?
Section 298 of the Indian Penal Code, cited as IPC 298, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.