"Offences Are Prima Facie Made Out": Kerala HC Refuses To Quash Criminal Case Against Man For Posting Video Insulting Christian Priests & Nuns In Youtube & Facebook
The Kerala High Court refused to quash criminal case registered against a man who allegedly published a video in YouTube and Facebook claiming that the nuns are concubines of priests and bishops.
The Court noted that under Section 4 of Indecent Representation of Women (Prohibition Act), publication or sending by post of books, pamphlets, no person shall produce or cause to be produced, sell, let to hire, distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing painting, photograph, representation or figure which contains indecent representation of women in any form is an offence.
The Court was hearing a Criminal M.C. filed under Section 482 of the Code of Criminal Procedure by the petitioner/sole accused to quash the Criminal Case registered against him.
The bench of Justice A. Badharudeen observed, “the arguments advanced by the learned counsel for the petitioner that none of the offences would attract on the facts of the case cannot be appreciated so as to quash the proceedings, since the offences are prima facie made out from the materials.”
Advocate C. Unnikrishnan appeared for the Appellant and PP M.P. Prasanth appeared for the Respondent.
Brief Facts-
It is the case of the prosecution that the accused/petitioner committed offences under Sections 298 and 504 of the IPC, and Sections 3 and 4 of the Indecent Representation of Women (Prohibition) Act, 1986. It was alleged that the Petitioner published a news item on YouTube and Facebook and claimed that the nuns were concubines of priests and bishops. It was allegedly done with the deliberate intent to wound the religious feelings of nuns and insult them, with the knowledge that such provocation could cause harm. It is further alleged that the accused indecently represented nuns.
The Court observed, “Going by statutory wordings in Section 256 IPC whoever, with deliberate intention of wounding the religious feelings of any person, places any object in the sight of that person shall be punished. Similarly, under Section 504 of IPC, whoever intentional insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence is punishable.”
Accordingly, the Court quashed the prayer for quashment.
Cause Title: P.V. Samuel v. State of Kerala (Neutral Citation: 2024:KER:66426)
Appearance:
Appellant: Adv. C. Unnikrishnan, Adv. M.R. Sudheendran, Adv. Uthara A.S., Adv. Vijaykrishnan S. Menon, Adv. D. Jayakrishnan, Adv. Praveen P. and Adv. Vivek Nair
Respondent: PP MP Prasanth
