Tablighi jamaat is an Islamic missionary movement that focuses on encouraging its Muslim members to practice their religion, ritual, dress and personal behaviour. It denies any affiliation towards politics and only focuses on the Quran. Ten Indonesian came to India on 29th February 2020 and 2nd march 2020 to attend the Tablighi Jamaat which was held in delhi from 13th march 2020. On 7th march they all left Delhi by train and reached Mumbai. Thereafter, the competent authority quarantined all the applicants and they have undergone Covid-19 test for which they tested negative. An audio clip of Markaz Nizamuddin head Maulana Saad Kandhalvi in which he had suggested that he had asked Tablighi jamaat members not to follow social distancing norms and prohibitory orders. On the basis of this audio clip Bandra police arrested all the ten Indonesians for the offences punishable under section 188, 269, 270, 304(2) and 307 of IPC r/w sections 3 and 4 of Epidemic disease act, r/w Section 21 of Maharashtra Covid-19 rules 2020 r/w section 14(b) of Foreigners act r/w section 51 of national disaster act 2005. Section 188 ipc is “If you disobey the order given by the public servant and such disobedience causes an obstruction or injury” shall be punished with imprisonment which may extend for six months or with fine of one thousand, or with both. In this intent is not necessary and it is a bailable offence. Section 269 of ipc “whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life”. This is even a bailable offence Section 270 of ipc “whoever malignantly does any act which is, and which he knows or has reason to spread the infection of any disease dangerous to life” maximum punishment in this case is 2 year and fine or both and is bailable Section 304(2) is attracted when there is knowledge that death may be caused by your act. Section 307 states” whoever does any act with such intention or knowledge that by that act death may be caused is guilty of murder” which is a non bailable offence. The main element which is needed for the commitment of the offence under this section is “MENS REA” that is “guilty mind” and “guilty knowledge” and the intention to commit such crime and awareness about the consequences of what you are doing is needed. Mens rea cannot be proved in this case thatswhy it is not possible to convict. They may be guilty under section 188 because the organizers rejected a formal request to postponed the gathering. It was an unintentional mistake because it was the belief of Maulana Saad that if you are close to god and if you are in a religious place you can cure any disease. This belief may be wrong but there are many religious beliefs which are based on superstitions. Because of the lockdown they just got stucked there so it is not right to completely blame them for the spread of coronavirus. From January to march around 15 lakh people came to India from all over the world and no one knows how many of them were infected. Universal screening in India was started from 3rd march. The people who came to India for the event from 13th -15th march who came after 3rd march how they were tested in the airport? Why immigration authorities didn’t stop them on airport itself? This could be recklessness but this not a murder According to the report by Indian express the audio clip of Maulana Saad on the basis of which FIR was lodged was doctored. Bail was given by additional session judge under section 437 Crpc because there is no propriety in contending that they are responsible for spreading the infectious Covid-19. Judge said “the person who himself has been tested negative, how can he spread coronavirus”. In the criminal cases the benefit of doubt is always given to the accuse and I have not doubt that Maulana Saad or any other will be given punishment of culpable homicide or murder in Tablighi jamaat case.