What are religious offences in India?

The Bombay High Court has said that insults to religion done unknowingly or carelessly without any deliberate or spiteful intention to anger religious feelings are not criminal offences under Section 295 of the Indian Penal Code (IPC).

How does Indian law punish religious offences?

Sections 295 to 298 of the IPC specifically deal with offences against religion. Let us look at the actions and behaviours that the law punishes.

Offending religious feelings

According to Section 295A of the Code, it is a criminal offence to deliberately insult a religion or religious beliefs of any Indian citizen or their religious community with a cruel intention. The insult may have been expressed by words (spoken or written), signs, visible representation etc. The punishment is imprisonment for up to three years and/or a fine. The complaints against ‘Tandav’ would have been charged under this Section.

In the case of Ramji Lal Modi v. State of UP, the Supreme Court held that Section 295A is constitutionally valid and is necessary to maintain public order. So, it is a reasonable restriction on the freedom of speech and expression under Article 19(2) of the Constitution of India, 1950.

Damaging a place of worship

The law punishes anyone who deliberately spoils a place of worship with the intention to insult a religion. It is a criminal offence to intentionally destroy, damage or pollute any place of worship or sacred object with the goal of insulting a religion. 

The punishment is imprisonment for up to two years and/or a fine. 

Disturbing religious assembly

The law punishes anyone who voluntarily disturbs a gathering of people who are lawfully performing religious worship or religious ceremonies. 

The punishment is imprisonment for up to one year and/or a fine.

Trespassing on burial places

The law punishes anyone who deliberately trespasses in any place set apart for the performance of funeral rites or for the remains of the dead, if they do so with the intention of insulting a person or religion. A person can also be punished for extending any indignity to a human corpse, or causing disturbance to people assembled for the performance of funeral ceremonies. 

The punishment is imprisonment for up to one year and/or a fine.