Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [citizens of India], [by words, either spoken or written, or by signs or by visible representations or otherwise] insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to [three years], or with fine, or with both.
The points requiring proof under Section 295A are:
i) That the accused insulted or attempted to insult the religion or the religious beliefs of a class of citizens of India;
ii) That he did so deliberately, and
iii) Maliciously, and
iv) With intent to outrage the religious feelings of any class, etc.
Section 295-A deals with deliberate and malicious acts intended to outrage the religious feeling. The term ‘maliciously’ means and implies an intention to do an act which is wrongful to the detriment of another. Where any person willfully does an act injurious to another without lawful excuse, he does it maliciously. And so he shall be punished under this section for a term which may extend to 3 years, or fine, or both.