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SYED JAFAR IMAM, S. R. DASS, S. K. DAS, A. K. SARKAR, P. GOVINDA MENON
Ramji Lal Modi – Appellant
Versus
State Of U. P. – Respondent
Judgement
S. R. DAS, CJI.:- This is a petition filed under Art. 32 of the Constitution of India praying for a declaration that S. 295A of the Indian Penal Code is ultra vires and unconstitutional and for a writ in the nature of certiorari quashing the petitioner s conviction under that section and for ancillary reliefs.
2. The material facts lie within a narrow compass. The petitioner is the editor, printer and publisher of a monthly magazine called Gaurakshak. The magazine is devoted to cow protection. In July or August, 1954, a Hindi Daily newspaper, named Amrit Patrika of Allahabad printed and published an article or a cartoon about a donkey on which an agitation was started by the muslims of Uttar Pradesh. The editor and printer and publisher of Amrit Patrika were prosecuted by the State, but they have been eventually acquitted by the High Court of Allahabad. In the meantime, in its issue for the month of kartik Samvat 2009 corresponding to November 1952, an article was published in the petitioner magazine Gaurakshak. On 12th December 1952 the State Government ordered the prosecution of the petitioner on the basis of the said article. Accordingly on 8th June 1953 a complai
The court held that deliberate intention is required to constitute an offense under Section 299 BNS, emphasizing that reckless acts, particularly by public figures, attract legal scrutiny in relation....
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....
No prior sanction is required for the police to register an FIR for offences under Section 295A IPC; such sanction is only necessary when a court takes cognizance after the investigation is complete.
Outraging religious feelings – Journey from ‘Nar to Narayan’ is not only embedded in ethos of India but is also true to religions born outside India.
Section 295-A IPC requires proof of deliberate and malicious intent to outrage religious feelings, which was not established in this case.
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