Insulting Or Attacking A Political Party Not Associated With Any Religion Or Its Belief Won't Attract S. 295-A IPC: Allahabad HC

The Allahabad High Court has held that merely insulting a particular political party or a group that is not inextricably associated with any religion or its belief will not attract the ingredients of Section 295-A IPC as it does not amount to outraging the religious feeling or belief of a class of citizens. A bench of Justice Arun Kumar Singh Deshwal also added that this provision won't be attracted if a person insults a religion unwittingly, carelessly, or without any deliberate or malicious intention to outrage religious feelings. The single judge made these observations while quashing criminal proceedings and cognizance order against one Faraheem Qureshi, booked under Section 295-A IPC, for allegedly posting a message on social media related to the 2019 Pulwama attack while indirectly attacking the Bharatiya Janata Party (BJP). The bench was apprised that the applicant and opposite party no. 2 have settled their dispute amicably, and thus, the case should be quashed. It was argued that the case was also liable to be quashed on merits, as in the alleged post, there was nothing to show that it was directly or indirectly related to any religion or intended to outrage any religious feelings. At the outset, the Court noted that Section 295-A IPC is attracted when the accused's intention is to outrage the religious feelings of any class of citizens by words, either spoken or written, or by signs or visible representations or otherwise, and pursuant to that intention, he insults or attempts to insult the religion or the religious beliefs of the class of citizens. Stressing that the intention to outrage the religious feeling should be deliberate and malicious, the Bench further observed thus: “From the perusal of the definition of Section 295-A I.P.C., it is clear that to attract the liability under this section, intention must be to outrage the religious feeling or religious belief of any class of citizen. If from the words, spoken or written or by any other mode, it appears that it was not for outraging the religious feeling but for other purpose like attacking on a political party or a particular group which is not associated in any manner to any particular religion, then the offence under this section will not be attracted” Furthermore, perusing the alleged post, the court observed that no offence u/s 295-A IPC was committed, and there is no material on record that the applicant made any other post on social media apart from this one that could attract the ingredients of an offence u/s 295-A I.P.C. Therefore, concluding that the impugned proceedings deserve to be quashed, the court quashed the case. Case title - Faraheem Qureshi vs. State of U.P. and Another 2025 LiveLaw (AB) 34 Case citation: 2025 LiveLaw (AB) 34 Click Here To Read/Download Order

Insulting Or Attacking A Political Party Not Associated With Any Religion Or Its Belief Won't Attract S. 295-A IPC: Allahabad HC

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