INSULT TO RELIGION MADE UNWITTINGLY DOES NOT ATTRACT SECTION 295 A OF IPC - TRIPURA COURT

8th March 2021

Insult to any religion made carelessly without any deliberate or malicious intention to outrage the religious feelings of that class would not attract Section 295 A of the Indian Penal Code, ruled by Tripura High Court while dealing with the quashing of an FIR.

An FIR was registered against Ghosh (petitioner) for a Facebook post on Bhagavad Gita. The Complainant stated that Ghosh made an un-tasteful and obscene comment on the Hindu religion by saying that Gita, the sacred religious text is “thakbaji Gita”, the petitioner has hurt the religious feelings of the Hindu community. On the other hand, the Petitioner contended, his post did not convey the meaning of Gita as deceitful. Instead, the petitioner had put the post conveying that the Gita is a pan that fries swindler.

The Court mentioned the case Ramji Lal Modi versus the State of U.P while explaining the scope of section 295 A of IPC. Section 295A does not penalize any and every act of insult. Still, it penalizes only those acts of insults or attempts perpetrated with the deliberate and malicious intention of outraging the religious feelings of a particular class.

In the present case, however, the words used by the petitioner in the original Bengali script do not convey even remotely the meaning which the complainant seeks to extract out of the expression. Under the circumstances, the impugned FIR is quashed.

Author: Papiha Ghoshal

PC - thenewsmill