RAMJI LAL MODI versus THE STATE OF U.P.

RAMJI LAL MODI versus THE STATE OF U.P.

Section 295A of the Indian Penal Code is constitutionally valid as it imposes reasonable restrictions on the freedom of speech and expression in the interests of public order, protected by Article 19(2). The section is not wide enough to cover acts beyond the permissible limits and is not unconstitutional.

Parties
Petitioner: Ramji Lal Modi; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
05 April 1957
Procedural Posture
Original Criminal Jurisdiction (article 32 Petition) / Final Judgment
Outcome
Application dismissed
Legal Topics
Freedom of Speech and Expression, Reasonable Restrictions, Insult to Religion, Validity of Section 295 a IPC

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Parties

Ramji Lal Modi

Petitioner

State of Uttar Pradesh

Respondent

Procedural Posture

Original Criminal Jurisdiction (article 32 Petition) / Final Judgment

  1. 1 Whether Section 295A of the Indian Penal Code is unconstitutional for violating the fundamental right to freedom of speech and expression under Article 19(1)(a)
  2. 2 Whether Section 295A is protected as a reasonable restriction under Article 19(2)

Ratio Decidendi

Section 295A of the Indian Penal Code is constitutionally valid as it imposes reasonable restrictions on the freedom of speech and expression in the interests of public order, protected by Article 19(2). The section is not wide enough to cover acts beyond the permissible limits and is not unconstitutional.

Court Disposition

Application dismissed

Orders

  • Section 295A of the Indian Penal Code is constitutionally valid
  • Petition under Article 32 is dismissed