Indian Penal Code – Section 295A – The opening words ‘with deliberate and malicious intention’ in Section 295A postulate requirement of mens rea of a deliberate and malicious intention of outraging the feelings of a community. Consequently, to invoke Section 295A IPC, the essential pre-requisite is mens rea- The essential ingredients of Section 295A IPC are:- “(i) That an insult (or an attempt to insult the religion or religious belief) was done to outrage the religions feelings of any class of citizens of India; (ii) That such an act was done by words (either spoken or written) or by signs or by visible representation or otherwise; (iii) That such an act must be with deliberate and malicious intention.”. (Para 14-15)
Code of Criminal Procedure 1973 – Section 482 – In exercise of the extraordinary power under Article 226 of the Constitution of India or the inherent powers under Section 482 of Cr.P.C., it is open to the High Court to quash an FIR either to prevent abuse of the process of any Court or otherwise to secure the ends of justice- an FIR can be quashed if the allegations made in the FIR or the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused or where there is an express legal bar engrafted in any of the provisions of the Cr.P.C. or the concerned Act (under which a criminal proceeding is instituted) or where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (Para 11)
