Court holds mere printing and sale of sarees bearing image of Lord Gautam Buddha without deliberate malicious intent does not constitute offence; continuation of prosecution termed abuse of process of law
In a significant judgment dated October 7, 2026, the Gujarat High Court quashed a First Information Report (FIR) registered against Bharatbhai Hirjibhai Shankar, a businessman from Surat, under Section 295A of the Indian Penal Code (IPC) for allegedly hurting religious sentiments by selling sarees and textile materials bearing printed images of Lord Gautam Buddha positioned on the lower portion of the garments.
The FIR was lodged on December 21, 2017, following a complaint by the President of the Samast Yuva Ambedkar Samaj and his community members, who claimed that the sale of such sarees was calculated to degrade the deity and wound the religious feelings of their community. The complainants alleged that the prints on the sarees' border and pallu areas constituted an insult to their religious sentiments.
The applicant's counsel argued that the allegations were baseless and motivated by business rivalry, emphasizing that the sarees sold were procured from manufacturers as per prevailing market trends and there was no deliberate or malicious intention to outrage religious feelings. The advocate further contended that the applicant was not involved directly or indirectly in any offence under Section 295A IPC and highlighted a suspicious delay in lodging the FIR, which cast doubt on its credibility.
The State and complainant opposed the quashing, asserting that a prima facie case was made out, relying on police reports and photographs showing the sarees with the printed images.
After a thorough examination, the Court reiterated the settled legal principles relating to Section 295A IPC, which penalizes only those acts of insult to religion that are committed with "deliberate and malicious intention" to outrage the religious feelings of a class of citizens. The Court emphasized that mere insult or carelessness without such intention does not attract criminal liability under this provision.
Referring to the Supreme Court's landmark ruling in State of Haryana v. Bhajan Lal (AIR 1992 SC 604), the Court highlighted the categories under which inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) can be exercised to quash FIRs, including cases where allegations do not prima facie constitute an offence or where proceedings are maliciously instituted.
The Court observed that the sarees bearing images of Lord Gautam Buddha on their lower borders or pallu areas, sold as part of commercial activity, lacked any overt act or inflammatory conduct demonstrating an intention to insult or outrage religious feelings. The applicant's conduct was found devoid of the criminal mens rea required under Section 295A IPC.
Citing authoritative precedents including Mahendra Singh Dhoni v. Yerraguntla Shyamsundar (2017), Ramji Lal Modi v. State of U.P. (AIR 1957 SC 620), and Maninder Singh v. State of Punjab, the Court underscored that commercial use of religious motifs in the absence of malicious intent cannot be criminalized.
Accordingly, the Gujarat High Court held that continuation of prosecution against the applicant would amount to an abuse of the process of law and therefore allowed the application to quash the FIR and all consequential criminal proceedings against Bharatbhai Hirjibhai Shankar.
This decision reinforces the judicial safeguard against misuse of criminal provisions relating to religious sentiments and upholds the principle that only acts with deliberate and malicious intent to outrage religious feelings can attract penal consequences under Section 295A IPC.
Bottom Line:
Penal Code, 1860, Section 295A - Quashing of FIR - Mere printing/sale of Sarees and textile material bearing image of Lord Gautam Buddha on lower portion/border/pallu area, without deliberate and malicious intention to outrage religious feelings, does not constitute offence under Section 295A IPC - Continuation of prosecution amounts to abuse of process - FIR quashed under Section 482 CrPC.
Statutory provision(s): Section 295A IPC, Section 114 IPC, Section 482 CrPC
Bharatbhai Hirjibhai Shankar v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2992712
