In a recent ruling, the Punjab and Haryana High Court emphasized that the mere utterance of religiously sensitive remarks does not automatically constitute an offence under Section 295-A of the IPC unless there is evidence of intentional insult. Justice Sandeep Moudgil clarified that for such remarks to be legally actionable, there must be a deliberate act or conduct intended to insult religious sentiments.
The case involved Punjabi singer Gurdas Maan, accused of making statements allegedly hurting the sentiments of the Sikh community by incorrectly linking Laddi Shah to Guru Amar Dass. The High Court noted that while the statements may have been factually incorrect and sensitive, they did not amount to intentional insult as required by law.
Justice Moudgil further distinguished between religion and religious belief, emphasizing that beliefs are subjective and can vary among individuals. The court highlighted that religious belief is a matter of personal acceptance, not enforceable by legal coercion. Therefore, in the absence of evidence showing intent to insult or impose beliefs, the court dismissed the plea against Gurdas Maan.
This ruling underscores the importance of intent in cases involving religious sentiments and provides clarity on the legal standards required for prosecution under Section 295-A of the IPC.
