Calling Someone "Miyan-Tiyan” & “Pakistani" In Poor Taste But Doesn't Amount To Offence Of Hurting Religious Sentiments : Supreme Court

The Supreme Court observed that calling a man "Miyan-Tiyan" and "Pakistani" would be in poor taste, but would not amount to an offence of hurting his religious sentiment.

Discharging a person of the charge under Section 298 of the Indian Penal Code(Uttering words, etc., with deliberate intent to wound religious feelings), the Court said :

"The appellant is accused of hurting the religious feelings of the informant by calling him “Miyan-Tiyan” and “Pakistani.” Undoubtedly, the statements made are poor taste. However, it does not amount to hurting the religious sentiments of the informant." 

A bench of Justices B V Nagarathna and Satish Chandra Sharma was considering an appeal filed against a judgment of the Jharkhand High Court which refused to discharge the appellant.

The FIR was lodged by an Urdu translator and acting clerk (Right to Information) in the Sub-Divisional Office, Chas. The complainant alleged that when he visited the appellant to furnish information in relation to an RTI application, the accused abused him by referring to his religion and used criminal force to prevent the discharge of official duties.

Eventually, charges were framed against the appellant under Sections 353, 298, and 504 of the IPC.  

The Supreme Court found that the ingredients of the offences were not made out in the complaint. Evidently, there was no assault or use of force by the appellant to attract Section 353 IPC, the Court said. The Court further held that the appellant cannot be charged under Section 504 IPC, as there was no act on his part that could have provoked a breach of peace.

Senior Advocate A Sirajudeen and advocates Arya Kumari, Divya Singhvi, Pardeep Gupta, Parinav Gupta, Mansi Gupta and Vipin Gupta appeared for the accused.

Standing Counsel Vishnu Sharma and advocates Shiv Ram Sharma, Tulika Mukherjee, Venkat Narayan and Beenu Sharma appeared for the State.

Case : Hari Nandan Singhv v State of Jharkhand

Citation : 2025 LiveLaw (SC) 280

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