Summary
The Supreme Court quashed the FIR against the actor, producer and director of Oru Adaar Love arising from the picturisation of the song Manikya Malaraya Poovi. A wink did not establish an insult to religion with the deliberate and malicious intent required by Section 295A IPC. The Court also barred further FIRs or complaints against these petitioners because of that picturisation.
Issues
- Whether the alleged offensive picturisation of the song, consisting of a wink, disclosed an offence under Section 295A IPC.
Provisions considered
- Section 295A, Indian Penal Code, 1860Only an aggravated insult perpetrated with deliberate and malicious intent to outrage religious feelings falls within the provision. The allegation about the wink, even accepted as true, did not satisfy it. (¶¶ 6–7, 10, 12–13)
Held
- Section 295A does not punish every insult or attempted insult to religion. It requires a deliberate and malicious intention to outrage the religious feelings of the class concerned; careless, unwitting or otherwise non-malicious expression falls outside its scope. The Constitution Bench’s limiting construction in Ramji Lal Modi governed. (¶¶ 6–7, 12)
- The informant accepted the longstanding folk song and objected only to its picturisation involving a wink. That allegation, even if true, disclosed neither the requisite insult nor a calculated tendency to insult religion or disturb public order. Section 295A was not attracted. (¶¶ 9–10, 13)
- The FIR was quashed. No further FIR under Section 154 CrPC or complaint under Section 200 CrPC was to be entertained against the petitioners because of the picturisation of this song; the protection was tied to that subject matter. (¶ 14)
Result
Writ petition allowed; FIR quashed and further FIRs or complaints against the petitioners because of the song’s picturisation prohibited, without costs.