Recently, the Punjab Cabinet approved the Punjab Prevention of Offences Against Holy Scripture(s) Bill, 2025, proposing stringent punishment for acts of sacrilege.

About Prevention of Offences Against Holy Scripture Bill 2025

• Objective of the Bill: To criminalize acts of sacrilege against sacred religious texts and strengthen communal harmony in the state.
• Scope of the Bill: Covers sacred texts including the Sri Guru Granth Sahib, Bhagavad Gita, Holy Bible, Quran Sharif, and other revered scriptures.
• Proposed Punishments
  • Sacrilege (actual act): 10 years to life imprisonment
  • Attempt to commit sacrilege: 3 to 5 years imprisonment
  • Abetment of sacrilege: Punishment same as the main offence
• Legal Intent: Addresses the lack of existing legal provisions by directly criminalizing sacrilege acts across all faiths.
• Earlier Attempt: IPC Section 295 & 295A dealt with outraging religious feelings but lacked specificity.
  • The 2018 Punjab Bill to add  IPC 295AA mandating life imprisonment for sacrilege of Guru Granth Sahib  was returned by the President,  for being too religion-specific and lacking uniformity.
    

What is Sacrilege?

• Sacrilege refers to the deliberate violation, desecration, or disrespect towards sacred religious objects, texts, or places.
• Social Impact: Can incite violence, disturb public order, and deepen communal rifts.
• Legal Consequences: The Bharatiya Nyaya Sanhita (BNS)  addresses offenses related to religion in Chapter XVI, from Sections 298 to 302.
  • Sacrilege: Section 298 of the BNS deals with injuring or defiling a place of worship with the intent to insult the religion of any class.
  • Blasphemy: Section 299 of the BNS covers deliberate and malicious acts intended to outrage religious feelings.

Global Practices to Handle Sacrilege

• United States: Protected under the First Amendment ,  free speech, including offensive religious speech.
  • No criminal punishment for blasphemy or sacrilege.
• United Kingdom: Blasphemy laws were abolished in 2008.
  • Sacrilege is not recognized as a criminal offence unless inciting violence.
• Pakistan: Blasphemy laws   carry the death penalty or life imprisonment.
  • Criticized internationally for misuse and suppression of minorities.
    

Criticism of Sacrilege Laws in a Democracy

• Suppression of Free Speech:  Vague definitions can criminalize dissent or satire, curbing freedom of expression.
• Potential for Misuse: Laws may be weaponized to settle personal or political scores or incite mob violence.
• Conflict with Secular Principles: Legally privileging religious texts may undermine the state’s secular character.
• Judicial Overreach Concerns: Excessive punishments (e.g., life sentence) could be seen as disproportionate and invite constitutional scrutiny.
  

Way Forward

• Clear Definitions: Legal terms like ‘sacrilege’ must be precisely defined to avoid arbitrary application.
• Uniform Legislation: Enactment of a central law, if necessary, must be religion-neutral and consistent with constitutional values.
• Safeguards Against Misuse: Mandatory judicial oversight before arrest, protection against false FIRs.
• Promoting Interfaith Dialogue: Social harmony is better fostered through education and dialogue than criminal sanctions.

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