Recent Case Laws Related to Section 504, IPC
1. State of U.P. v. Mukhtar Ansari (2022)
Facts of the case
The complainant was a jailor, and the defendant, Mukhtar Ansari, a former M.L.A., was a prisoner in the same jail in 2003. Some people had come to meet the defendant, but the complainant would allow his visitors only with permission and once they were frisked as a part of general safety procedures on the day of the incident. This made the defendant angry, and he started verbally abusing him and extending death threats at the complainant while pointing a gun at him.
Judgement of the Court
The defendant was held liable under Sections 353 (an offence of assault or criminal force to deter a public servant from performing his duties); 506 (criminal intimidation); and 504 (intentional insult) under the IPC by the Allahabad High Court.
The Court said that the complainant was intentionally insulted by the defendant, knowing that it would undermine his authority as a jailor and test his integrity as a public servant, which would likely lead to a breach of peace inside the jail and outside. Thus, the Court found him guilty under Section 504 and charged him with 2 years of rigorous imprisonment and a fine of Rs. 2,000/-.
2. G. Sivaraja Boopathi v. State (2022)
Facts of the case
The accused, Sivaraja Boopathi, posted on Facebook, disrespecting the late CDS General Bipin Rawat and calling him a “dictator” and “mercenary of the fascists.” A complaint was registered against him in Nagercoil at the cybercrime police station, invoking Sections 153, 505, (2), and 504, IPC. The accused petitioner approached the Madras High Court to quash the FIR.
Judgement of the Court
The High Court noted that the accused must have intentionally communicated the abuse or insult ‘directly’ to the victim. Though the remarks were uncivil in nature, they do not constitute an IPC offence. Further, the posts were meant only for a specific group of people, i.e., his “Facebook friends,” even though anyone could see them. Section 504 cases involve only one-to-one interactions. Thus, on this reasoning, the petitioner was not held guilty.
IPC Section 504 – Intentional Insult with Intent to Provoke
IPC Section 504 deals with Intentional Insult with Intent to break a breach of peace. The IPC, 1860, has provisions to punish those inflicting physical and mental harm on others. Section 504 under Part XXII deals with the offence of “intentional insult with intent to provoke the breach of peace” with provisions for punishment.
However, the use of abusive language doesn’t mean an offence. Only under certain conditions can there be an offence for which the offender can be held liable. Read below this article to learn more about IPC Section 504 in depth.
IPC Section 504