In Brief
An actor, producer, and director of a Malayalam film sought to quash an F.I.R. under Section 295A of the Indian Penal Code for picturizing a traditional Mappila folk song. The sole complaint was that an actress's wink in the video offended religious sentiments. The Supreme Court held that Section 295A requires deliberate and malicious intention to outrage religious feelings; mere artistic choices in picturization without such intent do not constitute an offence. The Court quashed the F.I.R., emphasizing that artistic works merit protection under freedom of expression, and that a song in the public domain since 1978 cannot form the basis of prosecution merely for its artistic presentation.
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