Court affirms absence of malicious intent, upholds freedom of expression and religious devotion
In a landmark decision, the Punjab and Haryana High Court quashed an FIR filed against Ranjanni Gaur, who was accused of hurting religious sentiments by dressing her pet dog as Lord Krishna and posting the image as a WhatsApp status. The judgment, delivered by Justice Subhas Mehla on July 1, 2026, emphasized the absence of mens rea (malicious intent) and actus reus (defilement of a sacred object or place of worship) as essential ingredients for the alleged offence under Section 298 of the Bharatiya Nyaya Sanhita, 2023.
The case originated from a complaint by a youth leader of the Shiv Sena, who alleged that Gaur's actions were an affront to Hindu religious sentiments. The FIR was registered under Section 298 of the Bharatiya Nyaya Sanhita, which deals with insulting religion or religious beliefs.
Justice Mehla, in his detailed judgment, highlighted that the objects used to dress the dog, such as a crown and ornaments, do not qualify as "objects held sacred" under the relevant law. Furthermore, the court recognized Gaur's act as a personal expression of faith and devotion, protected under Article 19(1)(a) and Article 25 of the Indian Constitution, which guarantee freedom of expression and religion.
The judgment also referenced significant precedents, including Mahendra Singh Dhoni v. Yerraguntla Shyamsundar and Priya Prakash Varrier v. State of Telangana, reinforcing that mere hypersensitivity or subjective perceptions of hurt cannot substitute for the statutory requirements of malicious intent.
In dismissing the FIR, Justice Mehla underscored the importance of constitutional tolerance over hypersensitivity, stating that individual expression should not be criminalized in the absence of intent to insult or outrage religious feelings.
The decision has been hailed as a significant step in upholding individual rights and freedoms, setting a precedent for future cases involving personal expressions of faith and devotion.
Bottom Line:
The act of dressing up a pet dog as Lord Krishna and posting its picture as a WhatsApp status does not constitute an offence under Section 298 of Bharatiya Nyaya Sanhita, 2023, in the absence of mens rea (malicious intent) or actus reus (defilement of a sacred object or place of worship).
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 298, Constitution of India, 1950 Articles 19(1)(a) and 25
Ranjanni Gaur v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2933965
