Deliberate and malicious acts intended to outrage religious feelings, as per Section 299 BNS, necessitate intentional insult to religion, confirming the applicability of cognizable offences in public discourse.

JUDGMENT :

1. Heard Syed Abid Ali Naqvi, learned counsel for the petitioner and Shri Amit Sinha, learned AGA-I for the State-Respondents.

2. Present petition has been filed seeking to quash the impugned FIR dated 29.12.2024, registered as Case Crime No.518 of 2024, under Section 299 of Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS”) Police Station Roravar, District Aligarh and further not to arrest the petitioner pursuant to said FIR.

3. Submission of the learned counsel for the petitioner is that no offence under section 299 BNS has been committed. It is submitted that the petitioner is a highly qualified and a brilliant student of Jawaharlal Nehru University, New Delhi and has been registered in the Ph.D. Programme during the academic year 2024-25. It is further submitted that the petitioner is politically active lady, who is the active member of Rastriya Janta Dal (RJD) Party and she was appointed as spokesperson of the Rashtriya Janta Dal (RJD) Party alongwith three others spokespersons and the alleged incident had taken place when she was participating in the debate organized by the news channel "India TV" and "TV9 Bharatvarsh" as the spokesperson of the Rastriya Janta Dal (RJD) Party. During debate when she was being asked certain questions, the alleged incident had taken place and there was no intention or deliberate attempt knowingly or unknowingly to insult the sentiments and feelings of any person or religion and in any case it does not amount to affect the public order. It is next submitted that she had torn two pages of holy book 'Manusmriti' to which she had objection and the allegation that this was done intentionally for getting publicity is not correct but the real fact is that the petitioner had not done this act intentionally and therefore, would not attract Section 299 BNS. It is submitted that the petitioner is a law abiding citizen.

4. In support of his argument learned counsel for the petitioner has placed reliance upon the judgment of Hon'ble Apex Court in the case of Mahendra Singh Dhoni vs. Yerraguntla Shyamsundar and Another, (2017) 7 SCC 760, to contend that any insult to religion offered unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feelings do not come within section 295-A of Indian Penal Code, 1860 (hereinafter referred to as “IPC”), which stood substituted with Section 299 BNS. Submission, therefore, is that no offence as alleged has been committed and the impugned FIR is liable to be quashed.

5. Per contra, Shri Amit Sinha, learned AGA-I has opposed the prayer and submitted that a bare reading of FIR discloses cognizable offence, hence no interference is warranted.

6. We have carefully gone through the impugned FIR. We find that the admitted case is that few pages of "Manusmriti" holy book of a particular religion were torn in the live debate organized by the news channels "India TV" and "TV9 Bharatvarsh" and the First Information Report has been lodged under Section 299 BNS.

7. It would be relevant to take note of Section 295-A IPC as well as Section 299 BNS which are quoted as under:-

"295-A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. -Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of [citizens of India], [by words, either spoken or written, or or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to [three years], or with fine, or with both.]

"299. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.- Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or writ