Punjab And Haryana HC Quashes FIR Against Woman Over Pet Dog Dressed As Lord Krishna, Says Act Was Protected Expression Of Devotion
· Free Press Journal
Chandigarh, July 3, 2026: The Punjab and Haryana High Court has quashed an FIR registered against a woman for allegedly hurting religious sentiments by dressing her pet dog as Lord Krishna and posting its photographs on WhatsApp, holding that her act was an expression of devotion carried out in good faith and did not attract Section 298 of the Bharatiya Nyaya Sanhita (BNS), 2023.
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Justice Subhas Mehla held that the prosecution could not continue as the essential ingredients of the offence, including mens rea (criminal intent), were absent. The court observed that personal expressions of faith cannot be criminalised merely because they offend the sentiments of others.
"Individual expression of the petitioner, shaped by her personal experiences, cannot be criminalised merely because it does not align with the sensitivities of others. In the absence of mens rea, criminal proceedings cannot be initiated to validate subjective perceptions of hurt. Constitutional tolerance must override hypersensitivity, which leads innocent acts to be construed as desecration," the court said.
Court Finds No Offence
The petitioner had approached the High Court seeking quashing of the FIR and the final report filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The case arose from a complaint by a private individual alleging that the woman had hurt the religious sentiments of the Hindu community by dressing her pet dog in attire associated with Lord Krishna on Janmashtami and uploading the photograph as her WhatsApp status.
During the investigation, the petitioner, who is issueless, stated that she treated her pet dog as her child and had dressed it up as part of the festival without any intention of offending anyone's religious sentiments.
Her counsel argued that the act was a bona fide expression of personal faith and affection and lacked any malicious intent. It was also submitted that both the essential ingredients of Section 298 of the BNS, namely actus reus (damage, destruction or defilement of a sacred object or place) and mens rea (intent to insult religion), were missing.
The State opposed the plea, arguing that the act had prima facie hurt religious sentiments and pointing out that the petitioner had admitted to dressing the dog as Lord Krishna and posting the image.
Examining the scope of Section 298, the High Court held that the provision was not applicable. Referring to judicial precedents, including Queen Empress v. Imam Ali (1887), the court said the word "object" in the provision has to be interpreted ejusdem generis with "place of worship". It held that unless the object is in a place of worship or carried in a religious procession, Section 298 would not apply.
The court, therefore, ruled that the attire worn by the petitioner's pet dog could not be treated as an "object" within the meaning of the provision.
Court Cites Hindu Scriptures
The High Court also observed that dressing the pet in Janmashtami attire appeared to have been done in good faith and without malice. It said the WhatsApp status reflected the petitioner's affection for her pet rather than any intention to insult religion.
Justice Mehla observed that the allegation of hurting religious sentiments stemmed from "a myopic viewpoint" that regarded a dog as an impure creation of God.
Referring to the Bhagavad Gita, the court said, "If Krishna himself says that a sage sees no difference between a priest and a dog because the same Divine Soul (Atman) resides in both, then seeing Krishna in a dog is not sacrilege, it is a realization of divine truth."
The court also referred to the Mahabharata, noting that Yudhishthira refused to abandon a stray dog while ascending to heaven despite Lord Indra asking him to leave it behind. The dog later revealed itself to be Lord Dharma. The court said this was another example of the connection between dogs and divinity in Hindu scriptures.
Justice Mehla further observed that dogs occupy an important place in Hindu mythology as the vehicle of Kal Bhairava, a manifestation of Lord Shiva. He also noted that Lord Dattatreya is often depicted with four dogs representing the four Vedas.
"It is stressed here that the dog is a symbol of loyalty, compassion, vigilance and protection and therefore a perfect companion to divine power," the court said.
Constitutional Protection Upheld
The bench further observed that dressing children as Baby Krishna during Janmashtami is a well-known expression of Bhakti Yoga. It said that by dressing her pet dog, whom she considers her child, as Lord Krishna, the petitioner was similarly expressing devotion.
"For Krishna, the 'purity' of the cloth or the species of the wearer is secondary to the purity of the devotee's emotion," the court observed.
Taking note of the absence of mens rea and the petitioner's belief that God can be perceived in unconventional forms, the court held that the act was an expression of affection and devotion and not one of malice, Live Law reports.
The High Court also held that the petitioner's actions were protected under Articles 19(1)(a) and 25 of the Constitution.
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Supreme Court Upholds Madras HC Order Limiting Muslim Prayers At Thirupparankundram Hills, Bans Animal Sacrifice"Article 19(1)(a) of the Indian Constitution guarantees the petitioner the right to freedom of expression. The petitioner is allowed to express ideas even in symbolic ways that may include dressing up a pet, subject to the restrictions of public order and morality... Secondly, Article 25 guarantees the freedom of conscience and religion, which protects her act of devotion or 'bhakti' in this case," the court said.
Allowing the petition, the High Court quashed the FIR, holding that the woman's conduct amounted to an expression of faith rather than a criminal offence under Section 298 of the BNS.
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