The Karnataka High Court quashed criminal proceedings against two men, Keerthan Kumar and Sachin Kumar, who were accused of insulting religious beliefs by shouting “Jai Shri Ram” inside a mosque. The court ruled that this act did not “outrage the religious feelings of any class.” The two men, from Dakshin Kannada district, had been charged under various sections of the Indian Penal Code, including 295A, 447, and 506, following a complaint lodged in connection with the incident that occurred in September last year. As per the complaint, the two had entered a local mosque one night in September last year and shouted “Jai Shri Ram.”
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Bengaluru: The Karnataka High Court quashed criminal proceedings against two men accused of shouting “Jai Shri Ram“ inside a mosque, stating-
“Their actions did not outrage the religious feelings of any class.”
The court’s decision came in response to a case where the men were booked for allegedly insulting the religious beliefs of citizens under various sections of the Indian Penal Code (IPC).
The ruling, delivered by Justice M. Nagaprasanna, exonerated Keerthan Kumar and Sachin Kumar, both residents of Dakshin Kannada district. They had been charged by local police under IPC sections including Section 295A, which pertains to deliberate and malicious acts intended to outrage religious feelings, as well as Sections 447 (criminal trespass) and 506 (criminal intimidation).
According to the complaint, the two men had entered a mosque in September of the previous year and shouted the phrase “Jai Shri Ram” during the night. However, the court found no merit in the charges filed against them.
“Section 295A deals with deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. It is ununderstandable as to how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class. When the complainant himself states that Hindu – Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony,”
-the Karnataka High Court stated in its ruling.
The defense argued that a mosque is a public place, and thus, the charge of criminal trespass under Section 447 did not apply. Moreover, shouting “Jai Shri Ram” did not meet the legal threshold for an offence under Section 295A, which requires deliberate and malicious intent to insult religious beliefs.
The State government, however, opposed the plea, arguing that further investigation was necessary to fully understand the impact of the incident. Despite the government’s submission, the court concluded that the alleged actions had no adverse effect on public order or communal harmony.
“The Apex Court holds that any and every act will not become an offence under Section 295A of the IPC. The acts that have no effect on bringing out peace or destruction of public order will not lead to an offence under Section 295A of the IPC. Finding no ingredients of any of the offences so alleged, permitting further proceedings against these petitioners would become an abuse of the process of law and result in miscarriage of justice,”
-the court ruled.
Advocate Sachin B.S. represented the petitioners in the case, while HCGP Sowmya R appeared on behalf of the State.
The case sheds light on the complex interplay between freedom of expression, religious sentiments, and the legal boundaries of criminal behaviour under Indian law.
The High Court’s ruling emphasizes that not all acts that may appear provocative will necessarily qualify as criminal offences under the strict definitions of the law.
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