The Supreme Court has ruled that using terms like “Miyan-Tiyan” or “Pakistani,” while in poor taste, does not constitute a criminal offense under laws penalizing acts meant to wound religious sentiments. This decision came as the court quashed charges against 80-year-old Hari Nandan Singh, who had been accused of making such remarks.
A bench of Justices BV Nagarathna and Satish Chandra Sharma noted, “The appellant is accused of hurting the religious feelings of the informant by calling him ‘Miyan-Tiyan’ and ‘Pakistani’. Undoubtedly, the statements made are poor taste. However, it does not amount to hurting the religious sentiments of the informant.”
The case originated from an FIR filed in Bokaro, Jharkhand, based on a complaint by Md Shamim Uddin, an Urdu translator and acting RTI clerk. Singh was accused of using communal slurs and exerting criminal force while Uddin was on duty. Charges were filed under IPC Sections 298 (hurting religious sentiments), 504 (intentional insult to provoke breach of peace), 506 (criminal intimidation), 353 (assault on a public servant), and 323 (voluntarily causing hurt). While a magistrate dropped the Section 323 charge in March 2022, charges under Sections 298, 353, and 504 were retained. Singh’s appeals in lower courts failed, leading him to approach the Supreme Court.
In its February 11 judgment, citing Sajjan Kumar Vs CBI (2010), the bench assessed whether Singh’s remarks met the criteria for criminal charges. It found no sufficient material to sustain charges under Sections 298, 504, or 353. Though the court acknowledged the remarks were inappropriate, it ruled they did not legally qualify as an offense under Section 298 IPC. Furthermore, the bench saw no evidence of criminal force justifying a Section 353 charge and determined Singh’s words did not provoke a breach of peace under Section 504.
With the new Bharatiya Nyaya Sanhita (BNS) taking effect in July 2024, Section 298 of the IPC has been replaced by Section 302. The court reaffirmed that derogatory words alone do not amount to an offense unless they pose a direct and imminent threat to public order.
