IPC Section 295
📜 Text of Section 295 IPC
"Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
🧠 Key Elements of Section 295 IPC
To constitute an offense under Section 295, the following must be proven:
Act of Destruction or Damage:
The accused must have destroyed, damaged, or defiled:
A place of worship, or
Any object held sacred by a class of people.
Intention or Knowledge:
The act must be committed with:
The intent to insult the religion of a class of persons, or
The knowledge that such an act is likely to be considered an insult.
Connection with Religion:
The place or object must be connected to religious sentiment of a particular community or group.
🔍 Explanation of Key Terms
Defile: To make something impure or unclean, especially in a religious context (e.g., throwing garbage in a temple).
Place of Worship: Temples, churches, mosques, gurudwaras, or any location used for religious practice.
Object Held Sacred: Statues, scriptures, religious symbols (like a cross, Quran, Gita, etc.).
⚖️ Punishment under Section 295 IPC
Imprisonment: Up to 2 years
Fine: No fixed amount – at the discretion of the court.
Or both imprisonment and fine.
This is a cognizable, non-bailable, and triable by magistrate of the first class offense.
🔎 Illustrations / Examples
Example 1: A person intentionally damages a statue of a deity in a temple to show contempt for that religion. This would fall under Section 295.
Example 2: Someone knowingly urinates or dumps garbage inside a mosque or a church. Even if they claim it was a prank, if it offends religious sentiments, Section 295 can apply.
Example 3: Burning a sacred book like the Bible, Gita, or Quran in public with the intention to insult the religion.
🚨 Important Legal Considerations
Intent/Knowledge is crucial: Mere accidental damage to a religious place or object is not punishable under Section 295 unless done intentionally or with knowledge.
Freedom of expression vs. religious sentiments: Courts must balance the right to free speech with the need to protect religious harmony.
Communal Sensitivity: The law is meant to preserve public peace and prevent communal disharmony.
⚖️ Related Sections
Section 295A: Deals with deliberate and malicious acts intended to outrage religious feelings by insulting religion or religious beliefs.
Section 296: Pertains to disturbing religious assemblies.
Section 297-298: Deal with trespassing in burial places, uttering words with deliberate intent to wound religious feelings, etc.
🧩 Summary
| Element | Details |
|---|---|
| Section | 295 IPC |
| Offense | Injuring/defiling religious place/object with intent to insult religion |
| Mental Element | Intention or knowledge |
| Punishment | Up to 2 years, or fine, or both |
| Nature | Cognizable, Non-bailable |
RELATED Blog
0 comments