BACK TO SECTIONSAIR 1980 All 218
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.
Landmark Precedents
Iqbal v. State of UP (1980)
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.