Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 295--Scope and application of S.295, P.P.C.---Provision of S.295, P.P.C. is attracted against a person who destroys, damages, or defiles any place of worship or any object held sacred by any class of persons---F.I.R. in the present case, did not indicate that the accused destroyed, damaged or defiled any place of worship though he was present in the mosque---Exact allegation against the accused was that he uttered some words against the religion of the complainant and also snatched religious books which were being read by him---Such act of the accused did not amount to destruction, damage or defiling of the mosque, a religious place in the context of the present case. (b) Penal Code (XLV of 1860)--- ----S. 295-A---Scope and application of S.295-A, P.P.C.---Provision of S.295-A, P.P.C. is attracted against a person who deliberately and maliciously insults or attempts to insult the religion or the religious belief of a person of class of persons---Section 295-A, P.P.C. could be attracted if the accused had spoken few words against the religion and had snatched the religious books from the complainant, who was Imam Masjid and reading the said books in the mosque. (c) Penal Code (XLV of 1860)--- ----S. 298--Scope and application of S.298, PP.C.---Section 298, P.P.C. is attracted against a person who utters any words or makes any sound within the hearing of a person with intention of wounding the religious faith of that person-Provision of S.298, P.P.C. would be attracted to the case where the accused had spoken few words against the religion and had snatched the religious books from the complainant, who was Imam Masjid and was reading those books while sitting in the mosque. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 196, 173 & 4(h)---Penal Code (XLV of 1860), S.295-A---Prosecution of certain offences---Procedure---Joint reading of 5.196, Cr.P.C. and S.295-A, P.P.C. would demonstrate that offence under S.295-A, P.P.C. was not an offence against an individual, actually it was against the State, therefore, the procedure required that Court shall only take cognizance in offence under S.295-A, P.P.C. if the "complaint"…

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