Supreme Court: Remarks Like ‘Miyan-Tiyan’ Or ‘Pakistani’ Do Not Hurt Religious Sentiments Under IPC

The Supreme Court recently ruled that using terms like ‘Miyan-Tiyan’ or calling someone ‘Pakistani’ does not amount to hurting religious sentiments under the Indian Penal Code (IPC).

A bench comprising Justices BV Nagarathana and Satish Chandra Sharma stated that while such remarks may be inappropriate, they do not constitute an offence under Section 298 of the IPC.

The Court in its judgment observed, “Further, the appellant is accused of hurting the religious feelings of the informant by calling him ‘Miyan-Tiyan’ and ‘Pakistani.” Undoubtedly, the statements made are in poor taste. However, it does not amount to hurting the religious sentiments of the informant.”

The ruling came while quashing criminal proceedings against Hari Nandan Singh, accused under multiple IPC provisions for allegedly making derogatory remarks and using criminal force against a public servant.

Singh had sought certain information under the RTI Act from the Additional Collector-cum-First Appellate Authority.

He alleged that someone tampered with the documents sent to him.

Allegations By The Informant

As per the Public Information Officer’s directive, an official informant, who served as an Urdu Translator and acting clerk, assigned to deliver the information personally to Singh.

The informant later accused Singh of abusing him based on his religion and using criminal force to intimidate him while he was performing his official duty.

The police subsequently registered an FIR against Singh under various IPC sections, including those related to hurting religious sentiments.

Singh sought discharge from the case, but the Magistrate, the Sessions Court, and later the High Court rejected his plea.

He then approached the Supreme Court for relief.

The Supreme Court ruled in Singh’s favor, stating that the allegations in the FIR did not meet the criteria for the offences charged.

“A bare perusal of Case No. 140 of 2020 reveals that the essential ingredients of the offences alleged against the appellant under Sections 353, 298, and 504 IPC do not constitute a valid case,” the court noted.

Accordingly, the Court set aside the High Court’s order, discharged Singh of all charges, and disposed of the case.

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