S. VEERABADRAN CHETTIAR versus E.V. RAMASWAMI NAICKER & OTHERS

S. VEERABADRAN CHETTIAR versus E.V. RAMASWAMI NAICKER & OTHERS

The phrase 'any object held sacred by any class of persons' in section 295 IPC is not limited to temple idols or consecrated objects. Any object regarded as sacred by any class of persons, whether actually worshipped or not, falls within the description. The lower courts erred in interpreting section 295 IPC too restrictively.

Parties
Appellant: S. Veerabadran Chettiar; Respondents: E. V. Ramaswami Naicker & Others
Jurisdiction
India
Judgment Date
25 August 1958
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Madras High Court Order in Criminal Revision
Outcome
Appeal dismissed
Legal Topics
Offences Relating to Religion, Interpretation of Indian Penal Code Section 295, Insult to Religion
Criminal Law Offences Relating to Religion Interpretation of Indian Penal Code Section 295 Insult to Religion

Case Brief

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Parties

S. Veerabadran Chettiar

Appellant

E. V. Ramaswami Naicker & Others

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Madras High Court Order in Criminal Revision

Legal Issues

  1. 1 Meaning and scope of the phrase 'any object held sacred by any class of persons' under section 295 of the Indian Penal Code
  2. 2 Whether destruction of an idol of God Ganesa constitutes an offence under section 295 IPC

Ratio Decidendi

The phrase 'any object held sacred by any class of persons' in section 295 IPC is not limited to temple idols or consecrated objects. Any object regarded as sacred by any class of persons, whether actually worshipped or not, falls within the description. The lower courts erred in interpreting section 295 IPC too restrictively.

Court Disposition

Appeal dismissed

Orders

  • No further inquiry directed due to the staleness of the complaint.