‘No deliberate malice’: Gujarat High Court quashes FIR over Buddha image on sarees
The Gujarat High Court has dismissed charges against a Surat textile trader who was facing an FIR over sarees featuring images of Gautam Buddha. The court ruled that merely selling such items does not amount to a crime of deliberately and maliciously offending religious feelings. The court stated that for an offense under Section 295A of the Indian Penal Code, there must be a deliberate and malicious intention to outrage religious sentiments, not just an objectionable depiction.
The businessman, Bharatbhai Hirjibhai Shankar, denied any intent to hurt religious sentiments and argued that he was simply following market trends and designs. The court dismissed the FIR, noting that it would be inappropriate to expand criminal law to penalize commercial practices without criminal intent.
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