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, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Simply put, Section 295 of the Indian Penal Code penalizes any person who destroys, damages or corrupts a place of worship or thing dedicated to any class of persons with an intent to insult that class of persons or having the knowledge that it would be understood as insult to that class of persons. The law aims to ensure communal harmony among the various religions, as the aim is to respect the religious sentiments of the various classes of persons in a nation like India, which consists of a diverse background of religions and religions.
Essential Elements
For this section to be applied, three essential things must be proved:
- 1. An Act of Hurt: The accused must have either destroyed damaged or defiled a place of worship (a temple, mosque, church, gurudwara etc.) or a sacred object (Idols, religious books, symbols, religious relics etc.).
- 2. Religious Connection: The place or object must be considered sacred by a specific religious community or class of persons.
- 3. Intention or Knowledge: The act must be deliberate, with the intention to insult the religion or at least with the knowledge that the action will be interpreted as an insult. Accidental or unintentional acts will not be captured by this section.
Punishment
- Imprisonment: up to 2 years (with or without hard labor)
- Fine: any amount as determined by the court
- Either imprisonment, or the fine, or both an imprisonment and a fine
Example
C broke idols in a temple when people were performing a religious ceremony and was shouting insults towards the faith. This would fall under all three parts:
- Destruction of a sacred object
- Religious meaning or significance to the Hindu community
- Clearly intended to insult the religion
In contrast, if D was working and accidentally damaged a religious object, a statue, while making repairs to the building, Section 295 would not apply as there was no intention or knowledge to insult.
Purpose
Section 295 is designed to punish wrongdoing and prevent communal violence, since in a multi-religious society, any calculated act of defilement can easily inflame apathy or ignorance to literally turn into violent situations. By making desecration illegal, the law serves to protect an implicit understanding of mutual respect among communities and keep the peace.