Court Holds Mere Promotion of Religion Does Not Constitute Offence Under Sections 299 and 302 of Bharatiya Nyaya Sanhita, 2023; Quashes Proceedings Against Applicants
In a significant judgment delivered on October 6, 2026, the Bombay High Court (Nagpur Bench) quashed a First Information Report (FIR) and consequent charge-sheet filed against Joseph and others for alleged offences under Sections 299 and 302 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The case revolved around allegations that the applicants pressured a complainant and his wife to convert to Christianity by offering benefits such as educational expenses for their children, permanent employment, and housing.
The complainant, a social worker associated with the Indian Children New Life Mission in Chandur Bazar, Amravati, accused the applicants of promoting Christianity and insisting on conversion by way of allurement during the period between January and November 2025. The FIR claimed that the applicants also attempted to influence the complainant's family to identify as Christian in official documents and sought to indoctrinate children through Sunday school activities.
However, Justice M.W. Chandwani observed that the allegations, at best, constituted promotion of the applicants' religion and an insistence on conversion, but did not include any deliberate and malicious act intended to outrage the religious feelings of any class or insult the religious beliefs of the complainant or others. The court emphasized that Sections 299 and 302 of the BNS penalize deliberate and malicious acts aimed at outraging religious feelings or uttering words with the intent to wound religious sentiments, which were not substantiated by the FIR or charge-sheet.
Further, the court noted a critical procedural aspect: cognizance under Section 299 BNS requires prior sanction from the State or Central Government as mandated by Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which was absent in this case. Additionally, Section 302 BNS is a non-cognizable offence, which limits the scope of police investigation without magistrate orders.
The court also highlighted that the alleged acts occurred before the enforcement of Maharashtra's specific law prohibiting unlawful religious conversions by allurement, which came into force only on August 28, 2026. Thus, at the time of the alleged incidents, there was no legal bar to conversion by allurement under the state law.
Citing the Supreme Court's ruling in State of Haryana v. Bhajanlal, the court reiterated principles for quashing FIRs where allegations do not prima facie constitute any offence or where investigation would amount to an abuse of process. Applying these principles, the court concluded that the FIR and charge-sheet in the present case failed to disclose any offence and quashed the proceedings to prevent misuse of the criminal justice system.
This judgment underscores the importance of distinguishing between lawful religious promotion and criminal acts intended to outrage religious sentiments, and it reiterates the necessity of obtaining requisite government sanction before proceeding under certain provisions of the newly enacted BNS and BNSS laws.
Bottom Line:
Bharatiya Nyaya Sanhita, 2023, Sections 299 and 302 - Mere allegation that accused promoted Christianity and insisted complainant and his wife to convert religion by offering benefits does not by itself constitute offences under Sections 299 or 302 BNS in absence of allegation of deliberate and malicious insult to religion or deliberate intent to wound religious feelings - Sanction under Section 217 BNSS is sine qua non for taking cognizance under Section 299 BNS, Section 302 BNS is non-cognizable - FIR and charge-sheet quashed.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Sections 299, 302; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 217
Joseph v. State of Maharashtra, (Bombay)(Nagpur Bench) : Law Finder Doc Id # 2994768
