IMRAN PRATAPGADHI versus STATE OF GUJARAT AND ANR

Citation: [2025] 3 S.C.R. 1309 · Decided: 28-03-2025 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2025] 3 S.C.R. 1309 : 2025 INSC 410
Imran Pratapgadhi 
v. 
State of Gujarat and Anr.
(Criminal Appeal No. 1545 of 2025)
28 March 2025
[Abhay S. Oka* and Ujjal Bhuyan, JJ.]
Issue for Consideration
Whether on facts, the offences punishable under Sections 196, 
197, 299 and 302 of the BNS as alleged, were made out against 
the appellant, a Member of Rajya Sabha; whether the High Court 
erred in rejecting the petition filed by the appellant to quash the 
FIR lodged against him.
Headnotes†
Bharatiya Nyaya Sanhita, 2023 – ss.196, 197(1), 299, 302, 57 
and 3(5) – Appellant, a Member of Rajya Sabha had put out a 
video of a mass marriage function on his social media platform, 
and in the background of the video, the words of the poem in 
question were uttered – FIR was lodged against the appellant 
u/ss.196, 197, 299 and 302 alleging that the poem inter alia 
promoted communal enmity – Whether offences made out:
Held: No – Offence u/s.196 is attracted when the words, either 
spoken or written, or by signs or visible representations, promote 
enmity between different groups on the grounds of religion, race, 
place of birth, residence, language, caste or, community or any 
other ground – The offence will be attracted when the words either 
spoken or written, or signs or visible representation, promote or 
attempt to promote disharmony or feelings of enmity, hatred or ill-will 
between different religious, racial, language or regional groups or 
castes or communities – In the present case, the poem has nothing 
to do with any religion, caste, community or any particular group – 
The poem’s words do not bring about or promote disharmony or 
feelings of hatred or ill-will – It only seeks to challenge the injustice 
made by the ruler – It is impossible to say that the words used 
by the appellant disturb or are likely to disturb public tranquility or 
affect national unity – Further, mens rea has to be read into s.196 
* Author
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[2025] 3 S.C.R.
Supreme Court Reports
of the BNS – However, in the present case, looking to the text of 
the words spoken and the context in which those were spoken, it 
is impossible to attribute any mens rea to the appellant – No prima 
facie case made out against the appellant u/ss.196, 197, 299 and 
302, BNS – FIR was registered mechanically and is an abuse of 
the process of law – Impugned order set aside – FIR quashed. 
[Paras 14, 31, 34, 36, 43]
Bharatiya Nyaya Sanhita, 2023 – s.197 – Imputations, assertions 
prejudicial to national integration:
Held: The poem in question does not make or publish any 
imputation and is not concerned with any religious, racial, language, 
regional group, caste, or community – It does not suggest that 
any class of persons have been denied rights as citizens because 
they are members of a religious, racial, language, regional group, 
caste, or community – It does not make or publish any assertion, 
counsel, plea or appeal likely to cause disharmony or feeling of 
enmity or hatred or ill will – The poem does not publish or make 
any false or misleading information. [Para 16]
Bharatiya Nyaya Sanhita, 2023 – s.299 – Deliberate and 
malicious acts, intended to outrage religious feelings of any 
class by insulting its religion or religious beliefs – Whether on 
facts, the appellant intended to outrage the religious feelings 
of any class by insulting its religion or religious beliefs:
Held: No – Act of the appellant was not intended to outrage the 
religious feelings of any class by insulting its religion or religious 
beliefs – The poem only tells the rulers what the reaction will be 
if the fight for rights is met with injustice. [Para 17]
Bharatiya Nyaya Sanhita, 2023 – s.302 – Uttering words, 
etc., with deliberate intent to wound religious feelings of any 
person – s.302, if applicable on the facts of the present case:
Held: No – An offence u/s.302 will be made out if any words are 
uttered with the deliberate intention of wounding the religious 
feelings of any person – s.302, is not applicable on its face. [Para 18]
Bharatiya Nyaya Sanhita, 2023 – s.57 – Abetting commission 
of offence by public or by more than ten persons:
[2025] 3 S.C.R. 
1311
Imran Pratapgadhi v. State Of Gujarat and Anr.
Held: Even if it is assumed that the appellant has committed some 
offence, it cannot be said that he has abetted the commission of 
an offence by the public generally or by any number or class of 
persons exceeding ten. [Para 19]
Constitution of India – Articles 19, 51-A

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