By- Devanshi Srivastava
Section 295A of the Indian Penal Code will be attracted when insults to religion made unwittingly or carelessly without any deliberate or malicious intention to outrage the religious feelings of a class, the Tripura High Court has recently ruled ( Sri Dulal Ghosh v. the State of Tripura).
Tripura High Court bench of a single-judge Chief Justice Akil Kureshi, therefore, it first quashed the First Information Report ( FIR) which was lately filed against one Dulal Ghosh ( petitioner in this case) for a Facebook post on Bhagavad Gita.
The order made by the Chief Justice Akil Kureshi of Tripura High Court, “ Insults to religion made unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feelings of a class would not come within the said Section 295A of the IPC.”
The Tripura High Court was dealing with a case, where the First Information Report was registered against Dulal Ghosh under Section 295A of the IPC for a Facebook post on Bhagavad Gita.
The complainant filed in the Tripura High Court contended that the petitioner-accused made distasteful and derogatory comments on the Hindu religion by posting on Facebook in Bengali that the Gita ( sacred religious text) is a “ that baji Gita” ( deceitful).
The complaint claimed that Dulal Ghosh “by putting a comment on his Facebook, the petitioner hurt the religious feelings of the Hindu community.”
And, also the Additional Public Prosecutor (APP) submitted before the Tripura High Court that there was a clear attempt to hurt the religious feelings of the Hindu community “ by making derogatory remarks about a Holy Book ( Bhagwan Gita).”
Dulal Ghosh has arugued that his post did not in any manner convey the meaning that Gita was deceitful or swindling. Instead of that, the petitioner had put the post conveying that the Gita is a plan which fries swindlers.
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