Introduction 

• Everyone must be allowed to profess their own religion, and no one should have the right to insult the religion of one another. 
• The Constitution of India, 1950 (COI) guarantees freedom of religion as the fundamental right under Article 25 to Article 30 of the Constitution. 
• India is a secular country, and it is present in the preamble of the constitution. 
• The main principle of good government is everyone to proclaim their own religion. 

Offences Related to Religion 

• Chapter XVI of Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the provisions regarding offences relating to religion. 
• There are five categories of offences listed under BNS as:

Injuring or Defiling Place of Worship with Intent to Insult Religion of Any Class: 

• Section 298 of BNS states the punishment for any person who: 
  • Destroys, damages, defiles any place of worship 
  • Destroys, damages, defiles any sacred object  
  • With intention and knowledge of insulting any religion 
  • Shall be punished with imprisonment of either description for a term extending to two years, fine, or both.
• Deliberate and Malicious Acts, Intended to Outrage Religious Feelings of Any Class by Insulting Its Religion or Religious Beliefs: 
  • Section 299 of BNS states that any person who with the intention of outraging the religious feelings by: 
    • words, either spoken or written 
    • signs  
    • visible representations  
    • through electronic means 
    • With the intention to insult the religious beliefs  
    • Shall be punished with imprisonment of either description for a term extending to three years, fine, or both. 
• Disturbing Religious Assembly: 
  • Section 300 of BNS states that any person who causes disturbance to any assembly engaged in the performance of: 
    • Religious worship 
    • Religious ceremonies 
    • shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.  
• Trespassing On Burial Places, Etc.: 
  • Section 301 of BNS states that any person commits any trespass in any place of 
    • Worship 
    • Sepulcher 
    • Performance of funeral rites 
    • Depository for the remains of the dead  
    • Or causes disturbance to any persons assembled for the performance of funeral ceremonies  
    • With the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded 
    • Shall be punished with imprisonment of either description for a term extending to one year, fine, or both. 
• Uttering Words, Etc., With Deliberate Intent to Wound Religious Feelings of Any Person: 
  • Any person who: 
  • utters any word  
  • makes any sound in the hearing of that person  
  • makes any gesture 
  • Shall be punished with imprisonment of either description for a term extending to one year, fine, or both. 

Conclusion 

No one can insult any person based on religion and his beliefs and any sacred object of any religion. Any act of such nature shall be punished under the provisions of BNS mentioned under five categories. The protection of religious rights is the most essential in a country like India where diverse religions are followed. With the help of the penal provisions, it becomes easy to prevent the insult of any religion.