The Bombay High Court has quashed a case against singer Kailash Kher, ruling that the lyrics of his song ‘Babam Bam’ merely praise Lord Shiva and do not constitute an offense.

A division bench comprising Justice Bharati Dangre and Justice Shyam C. Chandak held that the song’s content does not meet the criteria for outraging religious sentiments under the Indian Penal Code (IPC).

The case was filed by Narinder Makkar, a Ludhiana resident and devotee of Lord Shiva, who objected to the song ‘Babam Bam’ from the album Kailasa Jhoomo Re.

He alleged that the song, produced by Sony Music Entertainment Pvt Ltd, featured a woman in revealing attire and scenes of kissing, which he found offensive. Based on his complaint, Kher was booked under Sections 295A (deliberate and malicious acts intended to outrage religious feelings) and 298 (uttering words with deliberate intent to wound religious feelings) of the IPC.

The court observed that Section 295A requires a deliberate and malicious intent to insult religious beliefs. In this case, Kher had merely sung a song in praise of Lord Shiva, with no intent to offend. The bench further noted that the complaint primarily focused on the music video’s visuals, which depicted dancers and intimate scenes. However, as Kher was only the singer and not the director or producer of the video, he could not be held responsible for its content.

Referring to the Supreme Court’s judgment in Ramji Lal Modi v. State of UP (AIR 1957 SC 620), the court emphasized that Section 295A applies only to aggravated insults made with deliberate and malicious intent. A mere depiction of content that some individuals may find objectionable does not amount to an offense.

Additionally, the court found no grounds for an offense under Section 298, as there was no evidence that Kher intended to wound religious sentiments. Given the lack of prima facie evidence, the court allowed Kher’s petition and quashed the case.

Legal Representation

• For Petitioner: Advocates Ashok M Saraogi, Priti Rao, and Amit Dubey
• For Respondent: Additional Public Prosecutor D.S. Krishnaiyar

Case Title: Kailash v. State (2025:BHC-AS:11643-DB)