Section 295 IPC | Word ‘Defile’ Not Confined To The Idea Of Making Dirty But Must Also Be Extended To Ceremonial Pollution: Bombay HC

The Court said that it is certainly necessary to prove pollution.

The Court was hearing a Criminal Application impugning FIR for the offence punishable under Section 295 of the Indian Penal Code as well as consequential Criminal proceedings pending before Judicial Magistrate First Class.

The bench of Justice Vibha Kankanwadi and Justice SG Chapalgaonkar observed, “…there is nothing to show that damage is caused to the object of worship…There is nothing in the charge-sheet that would depict his intention to defile or dama any object held as sacred by class of persons. Infact, there is nothing to depict that applicant involved or indulged himself in any act of injuring or defiling sacred place with intention to insult religion or class.”

Advocate VA Munde appeared for the Appellant and APP GA Kulkarni appeared for the Respondent.

Brief Facts-

The Respondent No. 2 lodged a report stating that the Muslim community has long used parts of gairan land as a burial ground. On that particular date, he observed 3-4 unknown individuals using a JCB machine and tractors to dig and level the burial ground, scattering earth and stones over a grave. When questioned, they claimed they were acting on the instructions of the Applicant. It is alleged that the applicant unauthorizedly conducted this work, disturbing the burial ground and offending religious sentiments and beliefs.

The Court perused Section 295 of IPC and observed, “…damage or defilement of any place of worship or sacred object held by class of persons would be necessary. Further, such destruction must be with intention of insulting religion of class of person or with knowledge that class of persons is likely to consider such destruction as an insult to their religion.”

The Court noted, “The word defile' cannot be confined to the idea of making, dirty but must also be extended to ceremonial pollution, but it is certainly necessary to prove pollution.”

The Court observed, “The object of Section 295 of the Indian Penal Code is to punish those persons, who intentionally wound religious feelings of others by injuring or defiling places of worship. The core of the section is to prevent wanton insult to religious notions of class of persons.”

Accordingly, the Court allowed the Criminal Application and quashed the set-aside the Criminal Proceedings.