BACK TO SECTIONS(1996) 1 SCC 130
IPC 1860REPEALED
Section 295
Injuring or defiling place of worship with intent to insult the religion of any class
Replaced by: BNS 298
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
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...
Simplified
Section 295 protects the physical sanctity of places and objects of religious significance. The INTENT requirement is critical — the destruction or defilement must be done with the intention of insulting religion (or knowledge that it will be perceived as such). Accidental damage to a religious structure, or damage during a lawful government activity, does not attract Section 295. The provision is distinct from Section 295A (insulting religious feelings through words/signs): Section 295 requires physical destruction or defilement of a specific place or object; Section 295A covers the broader insult to religious beliefs through any means including speech.
Legal Evolution
Section 295 has been central to communal violence prosecutions involving the desecration of mosques, temples, churches, and gurudwaras. The Babri Masjid demolition (1992) and its aftermath generated significant Section 295 prosecutions.
Landmark Precedents
Dr. Ramesh Yeshwant Prabhoo v. Prabhakar Kashinath Kunte (1996)
RELEVANCE
Sections 295 and 295A discussed in election speech context — deliberate and malicious intent is required for Section 295A; honest criticism of religious practices is not covered.
Practical Scenarios
"Vandalising a temple sanctum to provoke a community — Section 295."
"Tearing or burning a holy scripture with intent to cause religious outrage — Section 295."
Common Queries
If the home contains an object held sacred and a person defiles it with intent to insult the religion, it could apply — though it is most commonly used for public places of worship.