Offences Relating To Religion

5 offences of IPC that deals with offences relating to religion

295-298

1. 295. Destroying, damaging or defiling place of worship such

as churches, mosques, temple or any object held sacred like
marbles, stones figures representing grade etc. with intent
to insult the religion of any class of persons
Imprisonment extend for 2 yrs or fine or with both.
2. 295A. Deliberately and maliciously outraging the religious
feelings by spoken or written words, signs or by visible
representations or insulting or attempts to insult the
religion or the religious beliefs
Imprisonment of either description for a term which
may extend to 3 yrs, or with fine, or with both.
3. 296. Voluntarily causing disturbance to any religious
assembly engaged in religious worship, or religious
ceremonies,
Imprisonment of either description for a term which
may extend to one year, or with fine, or with both.
4. 297 Trespassing in a place of worship or burial place
disturbing any performing funeral ceremonies or offering a
dignity to corpse with an intent to wound the feelings or
insult the religion or with the knowledge that the persons
feeling is likely to be wounded.
Imprisonment may extend to one year, or with fine, or
with both.
5. 298 Uttering any word or making any sound in the hearing
of any person with deliberate intent to wound his religious
feelings.
Imprisonment may extend to one year, or with fine, or
with both.

Offences against Public Tranquillity Serenity, Peacefully,

Concerning people as a
whole.
 Sec 141-160
Chapter VIII
1. Unlawfull Assembly (sec 141-145,149-151, 157and 158)
2. Rioting (sec 146-148,152 and 153)
3. Promoting enmity between classes (sec 153A)
4. Knowlingly carrying any arms or taking part in
massdrill/training (sec 153AA)
5. Affray (sec 159 and 160)

1) Unlawfull Assembly :- An assembly of 5 or more persons with

one or more of the below 7 objects.
a) To overawe (to restrain or subdue by awe) by criminal force,
or show of criminal force, the Central or any State
Government or Parliament or the Legislature of any State, or
any public servant in the exercise of the lawful power of
such public servant
b) To resist the execution of any law, or of any legal process
c) To commit any mischief or criminal trespass, or other
offence
d) By means of criminal force, or show of criminal force, to any
person, to take or obtain any property, or to deprive any
person of the enjoyment of a right of way, or use of water or
other incorporeal right of which he is in possession or
enjoyment,
e) By means of criminal force, or show of criminal force, to
enforce any right or supposed right.
f) To compel any person by means of criminal force, or show of
criminal force, to do what he is not legally bound to do, or to
omit to do what lie is legally entitled to do.

Explanation- An assembly means gathering of persons so as to

cause terror in the minds of the people and endanger public
peace.

2) Unlawfull Assembly = 5 or more than 5 persons + commom

object(7 objects)
3) An Assembly which was not unlawful when it assembled, may
subsequently become an unlawful assembly.
 Moti das v/s State of Bihar 1954
4) Art.19 of constitution of India confers right to assemble peaceful
and without arms. However in the same article it has also been
mentioned that such assembly should not be for the purpose of
endangering public peace of Tranquility.
5) Common object: Roy Fernandez v/s State of Goa 2012. In order
to determine the existence of common object court is required to see
the circumstances in which the incident had taken place.
6) 5 or more than 5 person: Amar singh v/s state of Punjab .7
persons were charged u/s 148 and 149 , 2 of them were acquitted
by HC. The Court held that an acquittal of 3 persons , the
remaining 4 persons cannot be convicted u/s 148 and 149.
7) A person is said to overawe govt. when he restrains it by fear or
superior influence by showing criminal force where a person is
terrified into doing what he had otherwise no mind to do and
refraining from doing what he had otherwise no mind to do, he is
said to be overawed.

Sec 149

Every Member of Unlawful Assembly is guilty of offences committed in

prosecution of the common object. It means if any offence is
committed by any member of Unlawful Assembly, all the co members
of Unlawful Assembly, shall be liable for that offence .They cannot put
forward the defence that they did not with his own hand had
committed the offence in prosecution of the common object of
Unlawful Assembly.

 Committed in prosecution of the common object

 Or must be such as the member to know to be likely to be
committed.

Sec 34 and 149

Sec 34
 Nos. of persons immaterial 5 or more than 5persons
 Common intention need not common object specified u/s
Be one specified u/s 141 141(7 objects)

 Acts must be result of no such requirement is

 Pre arranged plan prescribed here.

Who will be called as Member of Unlawful Assembly (s.142)

Whoever, being aware of facts which render any assembly an
unlawful assembly, intentionally joins that assembly, or continues
in it, is said to be a member of an unlawful assembly.
(s.143) Punishment for being a member extends to 6 mnths
or with fine or with both.

unlawful assembly + Deadly weapon

(s.144) Punishment for 2 yrs or with fine or with both

Joining or continuing in Unlawful Assembly