The Supreme Court recently ruled that addressing a person as “Miyan-Tiyan” and “Pakistani” may be in poor taste, but it does not constitute an offence of hurting religious sentiments under Section 298 of the Indian Penal Code (IPC).
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According to a LiveLaw report published on Tuesday, March 4, a bench of Justices B. V. Nagarathna and Satish Chandra Sharma discharged a person accused under Section 298 IPC, stating that while the remarks were inappropriate, they did not amount to wounding religious feelings. The court was hearing one appeal against a Jharkhand High Court judgment that had refused to discharge the accused.
The case was based on a complaint filed by an Urdu translator and acting clerk under the Right to Information (RTI) Act in the Sub-Divisional Office, Chas. The complainant alleged that the accused had verbally abused him by referring to his religion and used force to prevent him from performing official duties. An FIR was registered, and charges were framed under Sections 353 (assault or use of criminal force to deter a public servant), 298, and 504 (intentional insult to provoke breach of peace) of the IPC.
The Supreme Court, however, found that the complaint did not establish the essential elements of these offences. It held that no assault or use of force had occurred to justify charges under Section 353. Additionally, the accused’s actions did not provoke a breach of peace, ruling out an offence under Section 504 IPC.
The bench clarified that offensive remarks alone do not necessarily amount to a criminal act unless they meet the legal threshold for the alleged offence, and discharged the accused from the case.
