Court Holds Follower of Allegedly Defamed Person Not "Person Aggrieved" under CrPC; Absence of Mandatory Sanction and Lack of Essential Ingredients Lead to Quashing
In a significant judgment delivered on November 3, 2026, the Patna High Court quashed a criminal complaint filed against M/s Juggernaut Books Pvt. Ltd., publisher of the book titled "Godman to Tycoon: The Untold Story of Swami Ramdev". The complaint alleged defamation of Swami Ramdev and the hurting of religious sentiments. However, the Court found that the complainant, who identified himself as a follower of Swami Ramdev, could not be considered a "person aggrieved" under Section 199(1) of the Code of Criminal Procedure (CrPC) to maintain a complaint for defamation under Sections 500, 501, and 502 of the Indian Penal Code (IPC).
The complaint also included allegations under Section 295A IPC for outraging religious feelings. The Court emphasized that cognizance under Section 295A IPC requires prior sanction from the Central or State Government under Section 196(1)(a) CrPC, which was absent in this case, rendering the cognizance illegal. Furthermore, the Court noted the complaint failed to disclose the deliberate and malicious intention required for an offence under Section 295A IPC.
The facts reveal that the complainant, Amit Kumar, purchased and read the book, alleging that it defamed Swami Ramdev and hurt the sentiments of his followers by portraying Swami Ramdev's background and associating him with controversial incidents. The complaint was initially taken cognizance of by the Magistrate under incorrect IPC section 495A, later corrected to 295A, without obtaining mandatory government sanction.
The Court thoroughly examined the legal issues, particularly the statutory requirement that defamation complaints can only be maintained by "persons aggrieved" - the individuals whose reputation is directly affected. The Court relied on precedent judgments including the Supreme Court's ruling in G. Narasimhan v. T.V. Chokkappa, which clarified that a mere follower or disciple of a person allegedly defamed does not qualify as a "person aggrieved." The Court further noted that the complaint did not allege defamation of any definite and identifiable class of persons that would otherwise permit a complaint by a member of that class.
On the issue of Section 295A IPC, the Court reiterated that the offence punishes only acts done with a deliberate and malicious intention to outrage religious feelings. Mere hurt sentiments or indirect references to religion, without precise identification of the religious belief insulted and absence of malice, do not satisfy the ingredients of the offence.
The Court also addressed procedural requirements under Section 202 CrPC regarding inquiry before issuing process when the accused is outside the territorial jurisdiction. It held that examination of the complainant and witnesses by the Magistrate constituted compliance with this inquiry, but such inquiry cannot cure the absence of sanction or lack of statutory competence of the complainant.
Concluding that the complaint was legally untenable and continuation of proceedings would amount to abuse of the court's process, the Patna High Court allowed the petition under Section 482 CrPC and quashed the complaint and all consequential proceedings against Juggernaut Books Pvt. Ltd.
This ruling reinforces the safeguard provisions against frivolous defamation complaints by third parties and underscores the mandatory nature of prior government sanction in cases involving alleged outraging of religious sentiments under Section 295A IPC.
Bottom Line:
Criminal complaint against publisher of book on allegations of defamation of Swami Ramdev and hurting religious sentiments quashed - Follower/disciple of person allegedly defamed is not a "person aggrieved" under Section 199(1) CrPC for maintaining complaint under Sections 500, 501 and 502 IPC - Cognizance under Section 295A IPC without previous sanction under Section 196(1)(a) CrPC is illegal - Allegations also did not disclose deliberate and malicious intention to outrage religious feelings of a class.
Statutory provision(s):
Criminal Procedure Code, 1973 Sections 199(1), 196(1)(a), 202, 482; Indian Penal Code Sections 295A, 500, 501, 502
M/s Juggernaut Books Pvt. Ltd v. State of Bihar, (Patna) : Law Finder Doc Id # 3010955
