The Supreme Court ruled that calling someone “Miyan-Tiyan” or “Pakistani” might be distasteful but does not constitute an offense under Section 298 of the Indian Penal Code, which pertains to deliberately wounding religious sentiments.
In a case stemming from Jharkhand, the court discharged a man accused of using these terms against a government official, emphasizing that while the remarks were inappropriate, they did not meet the legal threshold for a crime.
A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma reviewed the appeal against the Jharkhand High Court’s decision to proceed with charges. The complaint was lodged by an Urdu translator and acting clerk in a government office, who alleged that the accused insulted him while he was responding to an RTI-related query. Charges were initially framed under IPC Sections 353 (assaulting a public servant), 298 (hurting religious feelings), and 504 (intentional insult leading to a breach of peace).
However, the Supreme Court found no evidence of force or assault to justify the Section 353 charge and noted that the alleged insults did not provoke a situation warranting Section 504. The ruling underscores that while offensive language may be inappropriate, not every insult translates into a criminal offense.
