Civil Procedure Code (CPC)

hurting relegious sentiments


what if someone hurts anyones religious sentiments
 
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what if someone hurts anyones religious sentiments
 
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Lawyer

Originally posted by : Azad Hind
what if someone hurts anyones religious sentiments

Mr. /Ms. Azad HInd,

What are the facts of the case vis-a-vis your locus standi and concern to the query if it is not a "time pass" queston ?

 
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Advocate

What are the facts? What is the context?

 
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of course. its not a timepass question....A person is using slangs and making fun of our religious sentiments in a standup comedy show...which legal action should or can we take against him/her.
 
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Hello sir / ma’am

Every man has full freedom to follow his or her own religion and that no man is in law justified to insult the religion of another.

Article 25 to 28 of Indian constitution confers certain rights relating to freedom of religion to all people. Thus, deliberate acts perpetrated by persons of one religious persuasion for the insult or annoyance of person of another persuasion have been made punishable under the Chapter 15 of offences relating to religion of Indian penal code.

The offences prescribed under this chapter may be classitfied into:

1. Damaging or defiling a place of worship for sacred object with the intent to insult the religion of a class of persons (section 295)

2. Trespassing in any place of a sepulture or where funeral ceremonies are performed  (section 297)

3. Outraging or wounding the religious feeling of any class (Section 295 a and 298)

4. Disturbing religious assembly (section 296)

Section 295 states that Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

Section 295(A) states that Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

Section 296 states that Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.

Section 297 states that Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.

Section 298 states that Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.

Hope this helps

Regards

Krish Mahajan

 
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