There is provided a diffraction optical element which comprises a base material, and in which a first resin layer having a diffraction grating shape and a second resin layer are laminated on the base material. The diffraction grating shape forms a plurality of concentric annular sections when planarly viewed from a lamination direction of the diffraction optical element. The second resin layer comprises a first portion and a second portion, and the first portion is provided on a first annular section of the first resin layer. The second portion is continuously provided from above the first portion to above a region including a periphery of the first resin layer. A difference between a refractive index of the second portion on a center of the first annular section and a refractive index of the second portion on a circumference of the first annular section is within 0.0005.