Statements May Be in Poor Taste, But Do Not Hurt Religious Sentiments, Says Top Court
In a significant ruling, the Supreme Court of India has held that calling someone ‘Pakistani’ or ‘Miyan-Tiyan’ may be distasteful but does not amount to the offence of hurting religious sentiments under Section 298 of the Indian Penal Code (IPC).
The verdict was delivered in the case Hari Nandan Singh vs State of Rajasthan, where a man had been accused of making derogatory remarks against a government official. The Bench comprising Justices BV Nagarathna and Satish Chandra Sharma observed:
“Undoubtedly, the statements made are in poor taste. However, it does not amount to hurting the religious sentiments of the informant.”
The case arose when the complainant, an Urdu translator and acting clerk under the Right to Information (RTI) Act, went to the accused’s residence to deliver information as per an appellate order. The accused, Hari Nandan Singh, allegedly refused to accept the documents initially but later did so. However, he reportedly abused the complainant by referring to his religion and attempted to intimidate him.
Based on this incident, an FIR was registered against Singh under Sections 298 (hurting religious sentiments), 504 (insult with intent to provoke breach of peace), 506 (criminal intimidation), 353 (assault or criminal force to deter a public servant), and 323 (voluntarily causing hurt) of the IPC.
Following an investigation, a chargesheet was filed, and the Magistrate took cognisance of the offences under Sections 353, 298, and 504 IPC while dropping Sections 323 and 506 for lack of evidence. Singh’s discharge plea was rejected by the Sessions Court and Rajasthan High Court, prompting him to approach the Supreme Court.
No Case for Religious Offence, Says SC
The Supreme Court, after reviewing the case, found no basis for invoking Section 298 IPC. It ruled that while the remarks were offensive, they did not amount to hurting religious sentiments. The Court also quashed charges under Section 353 IPC, stating there was no evidence of assault or criminal force.
Additionally, the Bench ruled that Section 504 IPC was not applicable, as the accused’s words did not incite a breach of peace. Consequently, Singh was discharged of all charges.
Case: Hari Nandan Singh vs State of Rajasthan – Available on LAWFYI.IO
