BACK TO SECTIONSAIR 1977 SC 908
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or 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.
Simplified
Section 296 protects the collective right of citizens to practice their religion peacefully. It applies to any lawful religious assembly — prayer meetings, religious processions with proper permissions, religious ceremonies in public or private spaces. The disturbance must be 'voluntary' — deliberate, not accidental. Playing loud music specifically to drown out a prayer service, physically blocking a religious procession, or creating a commotion inside a place of worship are all covered. The 'lawfully engaged' qualification means the assembly must itself be conducting legitimate religious activities — a mob conducting activities that violate the law is not a 'lawfully engaged' assembly.
Legal Evolution
Section 296 on disturbing religious assembly derives from the colonial government's urgent need to prevent communal violence between India's diverse religious communities. Macaulay's drafting committee was conscious that religious gatherings were flashpoints for inter-community conflict, and created this provision to give authorities a specific criminal tool against deliberate disruption of worship. Courts have applied it to disturbances at temples, mosques, churches, and other places of worship.
Landmark Precedents
Stanislaus v. State of MP (1977)
RELEVANCE
The right to religious practice includes the right not to be disturbed during worship — Section 296 protects this right by criminalising voluntary disturbances to religious assemblies.
Practical Scenarios
"Playing loud music specifically to drown out a prayer service in a mosque or church — Section 296."
"Physical obstruction of a lawful religious procession to stop it from proceeding — Section 296."
Common Queries
Yes — as long as the procession is 'lawfully engaged' in religious performance and has the necessary permissions, any intentional disturbance is an offence under Section 296.