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Mere promotion of religion or persuasion to convert does not amount to outraging religious feelings under Ss. 299 and 302 BNS

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
Unnamed v. Unnamed
Source
SCC Times
Bottom Line Up Front (BLUF)

The Bombay High Court quashed criminal proceedings where allegations of inducing and pressuring a complainant and his wife to convert to Christianity were made. The Court held that mere promotion of religion or persuasion to convert does not amount to outraging religious feelings under Sections 299 and 302 of the Bharatiya Nyaya Sanhita (BNS).

Ratio Decidendi · Legal Principle Established

Mere promotion of one's religion or persuasion to convert to another religion, without more, does not constitute the offence of outraging religious feelings under Sections 299 and 302 of the Bharatiya Nyaya Sanhita.

Practice & Procedural Impact for Advocates

Advocates should scrutinize complaints alleging outraging religious feelings to ensure they contain specific acts beyond mere religious propagation or persuasion. Litigants should be aware that expressing religious beliefs or encouraging conversion, in itself, may not meet the threshold for criminal prosecution under BNS Sections 299 and 302.

Key Legal Takeaways

  • 1Promotion of religion is distinct from outraging religious feelings.
  • 2Persuasion to convert, by itself, is not a criminal offence under BNS Sections 299 and 302.
  • 3The Bombay High Court quashed proceedings based on these principles.

The Legal Issue The Bombay High Court addressed whether allegations of inducing and pressuring individuals to convert to Christianity amounted to outraging religious feelings under Sections 299 and 302 of the Bharatiya Nyaya Sanhita (BNS). The criminal proceedings were initiated based on a complaint alleging such acts.

Court's Reasoning The Court held that the mere promotion of one's religion or persuasion to convert to another religion does not, by itself, constitute the offence of outraging religious feelings. The Court found that the acts alleged in the complaint, which primarily involved inducement and pressure to convert, did not meet the legal threshold for an offence under BNS Sections 299 and 302. These sections require a higher degree of intent or action to be considered an outrage to religious feelings.

What Follows As a result of this finding, the Bombay High Court quashed the criminal proceedings that had been initiated against the accused persons. This decision clarifies the scope of BNS Sections 299 and 302, indicating that religious propagation or persuasion, without other aggravating factors, is not sufficient to attract these penal provisions.

Read the SCC Times report