Mere Use of Abusive Language Won’t Amount to Intentional Insult Under Sec 504 IPC: Allahabad HC – News18

The Allahabad Excessive Court docket just lately held that mere use of abusive language or being discourteous or impolite to the opponent wouldn’t by itself quantity to any intentional insult throughout the that means of Part 504 of the Indian Penal Code (IPC).

Whereas coping with an software beneath Part 482 CrPC difficult the summoning order handed by the Judicial Justice of the Peace in a criticism case registered beneath sections 379, 504, and 506 of the IPC, the bench of Justice Vikram D Chauhan stated, “It must be proven that the character of abusive language or insult is akin to is prone to insult an individual or to commit breach of peace or commit an offence.”

The court docket referred to the Supreme Court docket’s ruling in Mohammad Wajid and one other Vs State of UP (2023), the place the highest court docket had held that mere abuse could not come throughout the purview of the Part 504 IPC.

The excessive court docket famous that within the case at hand, the criticism didn’t state the character of abusive language utilized by the accused individuals and allegations on this respect had been wholly obscure in nature.

“…with out specification then it can’t be stated that the provisions of Part 504 of the Indian Penal Code are attracted within the details and circumstances of the case,” the court docket stated whereas holding that the court docket involved had incorrectly summoned the accused beneath Part 504 IPC.

Accordingly, it partly allowed the appliance and put aside the summoning order in respect of Part 504 IPC. Nonetheless, it directed the court docket involved to proceed with the case beneath Sections 379 (punishment for theft) and 506 (punishment for prison intimidation) of IPC.

The Case

In 2016, the complainant reported the disappearance of his goat, which had been tied exterior his village residence. Based on his neighbours, the goat had been stolen. Subsequently, the complainant and his brother visited the accused’s residence, the place they found the lacking goat. Allegedly, upon confronting the accused people, the complainant confronted verbal abuse and threats. He additionally claimed that the accused warned him towards returning to their home to retrieve the goat, threatening him with hurt, together with the opportunity of being killed.

The statements of the complainant and the witnesses had been recorded by the police and in view of the identical, the Judicial Justice of the Peace had handed the impugned summoning order.