Mere promotion of religion or persuasion to convert does not amount to outraging religious feelings under Ss. 299 and 302 BNS
- Case
- Unnamed v. Unnamed
- Court
- Bombay High Court
- Statutes
- Source
- SCC Times
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.