The owner of a city studio was booked recently over a tattoo that bore a derogatory message against the police. An FIR was filed under Section 352 of the Bharatiya Nyaya Sanhita, which pertains to causing intentional insult with intent to provoke breach of the peace.
Ritesh Aghariya runs Tattoo Sutra on Brigade Road. His studio tattooed a client with the message ‘F*** The Police’ and posted a photograph on Instagram. Cops took note of it after a netizen reposted it on X and tagged the city police on it.
Ajay (name changed) has a tattoo studio in Marathahalli. He was “surprised” that posting photographs of one’s artwork can invite legal action. However, other studio owners advise their clients against getting provocative tattoos done. Akil Anand, co-owner of a tattoo studio in Indiranagar, says, “We receive requests to make deity tattoos on the leg or a third eye on the face. We turn them down,” he says.
Pradeep Menon, owner of a tattoo studio in Koramangala, also shoots down such requests. He recollects an incident from 2015 when an Australian man with a tattoo of goddess Yellamma on his shin was attacked by a group of people in Bengaluru. “Such derogatory images can hurt public sentiments,” he says.
What law says
While Article 19 of the Constitution defends freedom of expression, it does not provide “absolute freedom”, points out advocate K M
Sai Apabharana. “The Article states that such actions should not disrupt public order and harm anybody,” she says.
Advocate Indra Dhanush says such incidents can be booked under Section 352 of the Bharatiya Nyaya Sanhita but also Section 196. Section 67 of the IT Act (publishing or transmitting obscene material in electronic form) can also be applied.
When can tattoo studios be held liable? “If the studio was just fulfilling a client’s request, without any intent to provoke or insult, their liability might be limited. But if the studio was aware of the offensive nature of the tattoo, it could be held liable,” he explains.