HC quashes complaint against Kailash Kher for hurting religious feelings in song; says no malicious intent

Bombay High Court quashes complaint against Kailash Kher for song on Lord Shiva, citing lack of malicious intent.

Intolerance and dissent from the orthodoxy have been a bane of Indian society, the Bombay High Court said, quoting author A.G. Noorani, while quashing a complaint against singer Kailash Kher for allegedly hurting religious sentiments with a song on Lord Shiva.

A division bench of Justices Bharati Danger and S.C. Chandak said there was no deliberate or malicious intent on Kher’s part, who had only sung the song ‘Babam Bam’, to hurt anyone's religious sentiments or feelings.

A copy of the order of March 4 was made available on Thursday (March 13, 2025).

The complaint was filed by one Narinder Makkar before a local court in Ludhiana seeking registration of a case against the singer under Indian Penal Code (IPC) sections 295A and 298, concerning outraging religious feelings with deliberate and malicious intent.

The complainant claimed to be a Shiva worshiper and said Kher’s song ‘Babam Bam’ on Lord Shiva depicted a vulgar video showing scantily dressed women and people kissing.

The High Court while quashing the complaint filed before the Ilaka judicial magistrate in Ludhiana said the lyrics of the song sung by Kher is nothing but praise of Lord Shiva and the attributes of his mighty character.

“Every action which may be to the dislike of a class of people may not necessarily lead to outraging religious sentiments,” the court said.