Promoting One’s Own Religion Does Not Amount To Outraging Religious Feelings Of Any Class: Bombay High Court
The Court noted that insisting to convert from Hinduism to Christianity was mere promotion, and quashed an FIR & charge-sheet under Sections 299 & 302 BNS against four persons
The Bombay High Court, Nagpur Bench has held that promoting one’s own religion does not mean that the persons doing so have outraged the religious feelings of any class. The Court said the allegations, taken as they stand, showed at most that the applicants were trying to promote their religion (Christianity) or insisting on conversion, which does not make out an offence under Section 299 of the BNS.
The Court quashed an FIR and charge-sheet against four persons under Sections 299 and 302 read with Section 3(5) of the BNS. It held that Section 302 requires words, sounds or gestures intended to wound religious feelings, and none were alleged. It also held that sanction under Section 217 of the BNSS, which is mandatory for cognizance under Section 299, was absent. It noted that no law prohibited conversion by allurement during the period of the alleged offence.
A Bench of Justice M.W. Chandwani observed, “…The allegations made in the FIR at the most, make out a case that the applicants were trying to promote their own religion or were insisting nonapplicant no.2 and his wife to convert themselves from Hinduism to Christianity. The applicants were merely promoting their religion and that does not mean that by doing so, they outraged the religious feelings of any class…”.
Advocate Deepak Khushlani appeared for the applicants and D.I. Charlewar, APP appeared for the opposite party.
“…Thus, at the most, the case is that the applicants insisted non-applicant no.2 and his family to convert themselves from Hinduism to Christianity, however, the same is not the purport of Section 302 as it does not wound the religious feelings of any person. Even otherwise, Section 302 of the BNS is non-cognizable in nature. Neither the offence under Section 299 nor the offence under Section 302 of the BNS is being made out against the present applicants. Therefore, the allegations against the applicants do not stand substantiated”, it noted further.
The complainant, a social worker at the Indian Children New Life Mission, Chandur Bazar, a charitable institution, received an honorarium of Rs.6,750 a month. He alleged that the applicants pressed him and his wife to convert to Christianity.
According to the charge-sheet, applicant no.1, an office bearer of the institution, promised to bear the education expenses of his children and build him a house. The FIR also alleged that he was pressed to record his religion as Christian in official documents and that children were being brainwashed in Sunday school.
The FIR was registered on January 14 2026 and a charge-sheet was filed, then the applicants moved the High Court for quashing. The Court admitted the application and decided it finally.
The applicants argued that no deliberate and malicious act, and no insult to any religion, was alleged, and that no sanction had been obtained. The State argued that the applicants had enticed the complainant and his wife, and that this made out both offences.
The Court held that nothing in the complaint showed that the applicants, while promoting Christianity, deliberately and maliciously outraged the religious feelings of any class or insulted the complainant’s religious beliefs.
On Section 302, it found nothing to suggest that any word, sound or gesture was used with intent to wound religious feelings. It added that Section 302 is in any case non-cognizable. It observed that the alleged conduct fell in 2025, when no law prohibited conversion by allurement. It said Maharashtra’s law on the subject came into force only on August 28 2026.
Cause Title: Joseph S/o Vishwashrao Khudawant & Ors. v. The State of Maharashtra & Anr. (Neutral Citation: 2026:BHC-NAG:13533)
Appearances:
Applicants: Advocate Deepak Khushlani.
Opposite Party: APP D.I. Charlewar for the State, none appeared for non-applicant no.2.