Karnataka High Court: Shouting “Jai Shri Ram” Inside Mosque Does Not Outrage Religious Sentiments

Karnataka HC Quashes Criminal Proceedings, Says Shouting “Jai Shri Ram” Inside Mosque Doesn’t Violate IPC Section 295A

The Karnataka High Court has quashed criminal proceedings against two men accused of hurting religious sentiments by shouting “Jai Shri Ram” inside a mosque.

The Court held that such an act does not outrage religious feelings under Section 295A of the Indian Penal Code (IPC), as it does not pose any threat to public order.

Justice M Nagaprasanna presided over the case and delivered the verdict in favor of the petitioners, Keerthan Kumar and Sachin Kumar, residents of Dakshina Kannada.

The two men had been charged under IPC Sections 295A (outraging religious feelings), 447 (criminal trespass), and 506 (criminal intimidation) following a complaint that alleged they entered a mosque and shouted “Jai Shri Ram” in September last year.

The petitioners’ counsel argued that the mosque, being a public place, did not qualify as private property, thus negating the criminal trespass charges.

Furthermore, the defense contended that shouting “Jai Shri Ram” in no way constitutes an offense under Section 295A as it does not deliberately or maliciously insult the religious beliefs of any class.

The High Court, while accepting the petitioners’ arguments, observed that the complaint itself acknowledged that the Hindu and Muslim communities in the area live harmoniously.

Therefore, the alleged incident could not be interpreted as having caused religious animosity or disruption to public order.

“The Apex Court has held that not every act qualifies as an offence under Section 295A. For an act to amount to an offence under this section, it must have a direct impact on peace or public order,” the Court said in its order.

The Court concluded that continuing legal proceedings in this case would amount to a “miscarriage of justice” and an “abuse of the process of law.”

The State government had opposed the plea, arguing for a more detailed investigation. However, the Court found no grounds to permit further proceedings.

Party Details and Bench Information:

• Petitioners: Keerthan Kumar and Sachin Kumar
• Counsel for Petitioners: Advocate Sachin B S
• Respondent: State Government
• State Counsel: HCGP Sowmya R
• Judge: Justice M Nagaprasanna

Legal Insights:

In its ruling, the Karnataka High Court clarified that the act of shouting “Jai Shri Ram” inside a mosque did not breach IPC Section 295A, which addresses intentional insults to religious beliefs.