Insults to religion made carelessly without intention to outrage religious feelings will not attract Section 295A IPC: Tripura High Court

The Tripura High Court in a recent order observed that insults to religion made unwittingly or carelessly without any deliberate or malicious intention to outrage the religious feelings of a class would not attract Section 295A of the Indian Penal Code.

The court, therefore, rejected a FIR that was filed against the petitioner for a Facebook post on Bhagavad Gita in which the Complainant accused him of posting derogatory comments on Hindu religion by posting on Facebook in Bengali that the Gita (sacred religious text) is a “thakbaji Gita” (deceitful).

However, the petitioner argued that the Facebook post was intentionally misinterpreted by the complainant and he had no intention to disgrace the holy book Gita and hurt the ‘religious feelings’ of any community or class.

It was also submitted that the complainant has given a wrong meaning to the expression used by the petitioner with the purpose of making a false criminal offence.The Court placed positioned its reliance on the Supreme Court judgment in Ramji Lal Modi v. State of UP to clarify the scope of Section 295A.On inspecting the scope and meaning of the word “thakbaji” used by the petitioner, the court found that it does not convey the meaning which the complainant desires to attribute.

Thus, the court held that the expression is in total isolation and it would require plenty of twisting in order to fit within Section 295A of IPC.

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