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IPC 1860REPEALED

Section 298

Uttering words with deliberate intent to wound the religious feelings of any person

Replaced by: BNS 302

BailableCognizable: Non-CognizableAny Magistrate
THE STATUTE

Original Text

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...

Simplified

Section 298 focused on direct personal religious insults — words, sounds, or gestures specifically directed at an individual with the intention of wounding their religious feelings. Unlike Section 295A (which targets classes of people through public speech), Section 298 can be triggered by a personal insult to a single individual's religious sensibilities. It is non-cognizable — the police need a Magistrate's warrant to act, reflecting that personal religious arguments, however offensive, need judicial oversight before criminal process is initiated. The provision covers in-person insults but also potentially applies to targeted digital communications sent directly to a specific person.

Legal Evolution

Section 298 was included by the IPC drafters to address a specific category of communal harm — deliberate verbal wounds to religious feelings. It reflects the colonial government's pragmatic approach to maintaining peace among diverse religious communities by criminalizing provocative speech targeted at believers. Courts have required proof of deliberate intent to wound religious feelings, not mere insensitivity or ignorance, distinguishing it from Section 295A (insulting religion to outrage religious feelings).

Landmark Precedents

Iqbal v. State of UP (1980)

AIR 1980 All 218
RELEVANCE

Section 298 requires deliberate intention to wound religious feelings — casual remarks that offend do not attract Section 298; deliberateness is the essential distinguishing element.

Practical Scenarios

"Using religious slurs directly against a neighbour during an argument — Section 298."
"Making mocking gestures at a person specifically while they are engaged in prayer — Section 298."

Common Queries

295A is about public insults that might disturb 'classes' of society and is cognizable. 298 is about wounding the feelings of 'any person' (even one individual) through direct interaction and is non-cognizable.