The Punjab and Haryana High Court on Thursday put a temporary halt to proceedings against Bollywood actor Rajkummar Rao, who is facing an FIR over his role in the 2017 film Behen Hogi Teri. The case, long entangled in allegations of hurting religious sentiments, once again highlights the fine line between cinematic freedom and public sensitivity.
Background
The controversy dates back to April 2017 when an FIR was lodged in Jalandhar against the film's makers and Rao. The complaint, filed by Ishant Sharma, accused the actor of portraying Lord Shiva in a cartoonish and disrespectful manner. The FIR was registered under Sections 295-A (hurting religious sentiments), 120-B (criminal conspiracy) of the Indian Penal Code, and Section 67 of the Information Technology Act.
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According to the complainant, Rao's appearance as Lord Shiva riding a motorcycle in the film amounted to an insult to Hindu beliefs, particularly the devotees of Lord Shiva.
Court's Observations
Appearing for the actor, senior advocate Puneet Bali argued that the allegations were baseless since the Central Board of Film Certification (CBFC) had already cleared the film.
"The CBFC is the statutory authority empowered to examine if any film content is objectionable. Once they certify it, no individual’s reaction can become the ground for criminal prosecution," counsel submitted.
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He added that Rao's performance should be seen within the ambit of artistic expression protected by Article 19(1)(a) of the Constitution.
"The portrayal may not please everyone, but it does not mean it was intended to insult religion. To prosecute an actor for his role is nothing short of abuse of process," the lawyer insisted.
The bench, led by Justice Yashvir Singh Rathor, recorded these submissions and also noted the State’s stand. Punjab's Additional Advocate General countered that religious freedom cannot override public sensitivity.
"Freedom of speech is not absolute. By showing Lord Shiva in a comic way, sentiments of a vast population have been hurt. Such portrayals must face legal scrutiny," the State argued.
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In support of his plea, the defense cited earlier judgments including the Supreme Court's Ramji Lal Modi v. State of UP (1957) and the case involving cricketer Mahendra Singh Dhoni, where courts have examined the balance between expression and faith.
Decision
After hearing both sides, the court decided not to dismiss the petition immediately but issued fresh notice to the complainant. Importantly, Justice Rathor ordered that all further proceedings before the trial court be stayed against Rajkummar Rao until the next hearing scheduled for December 10, 2025.
With this interim relief, the actor has gained breathing space, though the larger question - how far films can go in depicting deities without crossing legal lines - remains to be addressed in the coming months.
Case Title: Rajkumar Yadav @ Raj Kumar Yadav @ Rajkummar Rao vs. State of Punjab and another
Case Number: CRM-M-39247 of 2025
