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Synopsis

The Allahabad High Court recently held that mere use of abusive language or being discourteous to the opponent or rude would not by itself amount to any intentional insult within the meaning of Section 504 of the Indian Penal Code (IPC).

While dealing with an application under Section 482 CrPC challenging the summoning order passed by the Judicial Magistrate in a complaint case registered under sections 379, 504, and 506 of the IPC, the bench of Justice Vikram D. Chauhan said, 

"It has to be shown that the nature of abusive language or insult is such as is likely to insult a person or to commit breach of peace or commit an offence."

Court referred to the Supreme Court's ruling in Mohammad Wajid and another Vs State of U.P. (2023), where the top court had held that mere abuse may not come within the purview of the Section 504 IPC. 

The high court noted that in the case at hand, the complaint did not state the nature of abusive language used by the accused persons and allegations in this respect were wholly vague in nature.

"...without specification then it cannot be said that the provisions of Section 504 of the Indian Penal Code are attracted in the facts and circumstances of the case," court said while holding that the court concerned had incorrectly summoned the accused under Section 504 IPC. 

Accordingly, it partly allowed the application and set aside the summoning order in respect of Section 504 IPC. However, it directed the court concerned to proceed with the case under Sections 379 (punishment for theft) and 506 (punishment for criminal intimidation) of IPC. 

The Case

The complainant filed a complaint in 2016 alleging that when his goat, which was tied outside his house in his village, went missing, his neighbors informed him that it had been stolen. Thereafter, he, along with his brother, went to the house of the accused and found his goat there. Allegedly, when he confronted the accused persons, they started abusing him and also threatened him that if he came to the house again to take the goat, he would be killed.

The statements of the complainant and the witnesses were recorded by the police and in view of the same, the Judicial Magistrate passed the impugned summoning order. 

Case TItle: Dhirendra And 2 Ors v. State of UP and Another