Allahabad High Court: Claiming Any Religion as ‘Only True Religion’ May Attract Section 295A IPC
By Rajesh Pandey
While refusing to interfere in ongoing criminal proceedings, the Allahabad High Court has observed that claiming any particular religion as the “only true religion” is inappropriate in a secular country like India, as such assertions prima facie imply disrespect towards other faiths and may attract provisions under Section 295A of the Indian Penal Code (IPC).
Justice Saurabh Srivastava, in an order dated March 18, dismissed a petition filed by Reverend Father Vineet Vincent Pereira, who had sought the quashing of criminal proceedings initiated against him under Section 295A IPC.
The provision deals with deliberate and malicious acts intended to outrage religious feelings by insulting the religion or religious beliefs of any class.
According to the FIR, the applicant allegedly conducted prayer meetings where he repeatedly stated that Christianity is the only true religion. It was alleged that such remarks hurt the sentiments of members of another religious community, particularly Hindus.
During the investigation, the Investigating Officer reportedly found no evidence of illegal religious conversion involving marginalised communities.
However, the police proceeded to file a chargesheet based on allegations that the applicant made statements critical of other religions.
Counsel for Father Pereira argued before the court that the accusations were false and intended to harass him. It was also contended that the allegations mentioned in the FIR did not constitute an offence under Section 295A IPC.
The defence further claimed that the Magistrate took cognisance of the chargesheet without adequately applying the judicial mind and without sufficient supporting evidence.
Opposing the plea, the state argued that the issues raised by the applicant involved disputed questions of fact which require examination during trial.
It was submitted that at the stage of taking cognisance, the court is only required to determine whether a prima facie case exists, and not to conduct a detailed evaluation of evidence.
Observing that India is a secular nation where individuals belonging to different religions coexist, the High Court emphasised that declaring any religion as the “only true religion” suggests disparagement of other faiths.
The court noted that Section 295A IPC specifically addresses deliberate and malicious acts intended to outrage religious sentiments.
The High Court held that, based on the material available at this stage, it cannot be said that no prima facie case is made out against the applicant.
The court reiterated that while taking cognisance, a Magistrate is only required to form a preliminary opinion based on available records and is not expected to conduct a mini-trial or assess the defence in detail.
Finding that the arguments raised by the applicant involved factual disputes that cannot be examined under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the High Court concluded that the petition lacked merit and dismissed the application.
