Section 295A IPC | Commercial Sale Of Textile Material With Religious Motifs Without Malicious Intent Does Not Constitute Offence: Gujarat High Court

"Section 295A IPC does not contemplate each and every act to be penalised and every act of insult to or attempt to insult the religion or the religious beliefs of a class of citizens but it penalises only those acts of insults to or those varieties of attempts to insult the religion or the religious beliefs of a class of citizens, which are perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class." Gujarat High Court, in a ruling dated 7 October 2026, held that the sale of textile materials featuring religious imagery—even if positioned on the lower portion of a garment—does not per se attract criminal liability under Section 295A of the IPC unless there is clear evidence of a "deliberate and malicious intention" to outrage religious feelings.

 A bench of Justice P. M. Raval observed that criminal law cannot be invoked to penalize commercial transactions absent the essential mens rea required by the statute.

The applicant sought to quash an FIR registered at Salabatpura Police Station under Section 295A read with Section 114 of the IPC. The FIR alleged that the applicant, a textile merchant, was selling sarees bearing printed images of Lord Gautam Buddha on the lower border and pallu, which the complainant contended was a calculated act to degrade the deity and wound the religious sentiments of their community. The applicant moved the High Court, asserting that the material was sold in the regular course of business and lacked any malicious intent or attempt to insult religious beliefs.

The primary question before the court was whether the sale of textile goods with religious depictions constitutes a "deliberate and malicious" insult to religious feelings under Section 295A IPC. Furthermore, the court was tasked with determining whether the uncontroverted allegations in the FIR satisfied the parameters for quashing criminal proceedings under Section 482 of the CrPC.

Reaffirming the Bhajan Lal Parameters

The Court began by reiterating the foundational principles laid down in State of Haryana v. Bhajan Lal, emphasizing that the extraordinary power under Section 482 CrPC must be exercised to prevent the abuse of the process of law. The court noted that when allegations in an FIR, even if taken at face value, do not disclose the commission of an offence, the court is duty-bound to intervene to protect the accused from unnecessary harassment.

The Threshold of Section 295A IPC

The Court emphasized that Section 295A IPC is not a tool to penalize every act that might be perceived as insensitive. Relying on the Constitution Bench decision in Ramji Lal Modi v. State of U.P., the court clarified that the statute specifically targets the "aggravated form" of insult. It serves to maintain public tranquility and only punishes acts performed with a deliberate, malicious intention to outrage religious feelings.

"Deliberate and Malicious Intention Required"

The bench observed that accidental or careless insults do not fall within the ambit of the section. The Court noted that the presence of an image on the border or pallu of a saree, while perhaps displeasing to some, does not automatically constitute a criminal act. The court remarked that for an offence to be made out, there must be evidence of a calculated tendency to disrupt public order and outrage religious beliefs.

"Commercial activity involving religious motifs, undertaken without any overt act, inflammatory rhetoric, or demonstrable intent to denigrate a religious belief, does not cross the threshold into a criminally punishable insult under Section 295A."

Lack of Mens Rea in Commercial Transactions

The Court found that the applicant was a merchant operating in the textile market, trading in goods based on fashion trends. It held that the record was devoid of any material indicating that the applicant possessed the required mens rea to insult the religious feelings of any class. The court observed that the criminal machinery should not be turned into an engine of harassment for commercial disputes or market competition.

Concluding that the FIR lacked the essential ingredients of Section 295A, the Court ruled that the continuation of the prosecution would be an abuse of the process of the court. The application was allowed, and the FIR and all consequential proceedings emanating therefrom were quashed and set aside. The court made the rule absolute, thereby providing relief to the applicant.

Date of Decision: 07 October 2026