India retains a colonial-era blasphemy-type provision, long codified as Section 295A of the Indian Penal Code (IPC) and, since 1 July 2024, re-enacted in nearly identical terms as Section 299 of the Bharatiya Nyaya Sanhita (BNS), 2023. The provision criminalizes “deliberate and malicious” acts “intended to outrage the religious feelings” of any class of citizens, punishable by up to three years’ imprisonment, a fine, or both. It is a cognizable, non-bailable, and non-compoundable offense, meaning police may arrest on the basis of a complaint without a warrant, bail is not a matter of right, and the complainant cannot simply withdraw the case.

The US Commission on International Religious Freedom (USCIRF) has formally classified Section 295A as a functioning blasphemy law and has ranked India among the world’s most frequent enforcers of such laws. When this blasphemy-type provision is combined with the state-level “anti-conversion” statutes now in force in roughly 14 Indian states, the result is a self-reinforcing legal architecture that produces what this report terms a carceral population of religious-minority believers, disproportionately Christians and Muslims, detained, prosecuted, and in some cases convicted for ordinary religious expression and practice.

Broadly, this policy report examines Section 299 of BNS and its growing role as the principal blasphemy provision in Indian criminal law.

Although the Indian Constitution proclaims India a secular republic and Article 25 guarantees the right to profess, practice, and propagate religion, the legal architecture surrounding religious expression has increasingly been weaponized against minority faith communities, especially Christians and Muslims. Along with state-level anti-conversion statutes, BNS Section 299 has facilitated the systemic persecution of religious minority communities, with both provisions being used to arbitrarily detain and incarcerate their members.

BNS 299 retains all of the structural defects of its colonial predecessor, Section 295A IPC, which was enacted by the British in 1927. The 2023 successor provision additionally codifies “electronic means” as a covered medium of offense, thereby extending the law’s chilling effect into the digital space.

Second, India’s 14 state-level anti-conversion laws, sometimes called “Freedom of Religion” Acts, operate in tandem with BNS 299 to create a dual-track system of legal jeopardy for religious minorities. A Christian pastor who preaches the gospel can be charged simultaneously with “outraging religious feelings” under BNS 299 and with conducting an “unlawful conversion” under state law. In Prime Minister Narendra Modi’s party Bharatiya Janata Party (BJP) ruled Uttar Pradesh state, the maximum penalty for the latter offense is now life imprisonment. Earlier this year, Chhattisgarh state passed the Chhattisgarh Freedom of Religion Bill, the most draconian anti-conversion law, with seven years to life imprisonment, and fines of up to INR 2.5 million (nearly $27,000) for mass conversions.

Third, the human cost of this legal regime has risen sharply over the past decade. The United Christian Forum documented 834 verified incidents of violence against Christians in 2024, up from 127 in 2014, a more than five-hundred percent increase. Open Doors documented over sixty attacks on Christians during the 2025 Christmas period alone, and its India partner reported more than 2,900 incidents of Christian persecution between January and November 2025. Its World Watch List 2026, an annual ranking that evaluates the 50 countries where following Christianity carries the greatest risk, reported 1,600 cases of Christians detained, arrested, or imprisoned in India.

Fourth, the United States Commission on International Religious Freedom (USCIRF) has recommended for seven consecutive years that India be designated a Country of Particular Concern (CPC) under the International Religious Freedom Act. The US Department of State has repeatedly declined to act on that recommendation, even as documented violations have intensified.

This report concludes with a detailed set of policy recommendations directed at the US Department of State, the IRF office, USCIRF, and the US Congress. The central recommendation is that the United States designate India as a CPC and adopt targeted, calibrated, and durable measures designed to incentivize the repeal or substantial reform of BNS 299 and the constellation of state anti-conversion laws.