Mere Use Of Abusive Language Will Not Fall Under Section 504 IPC: Allahabad High Court

In a recent verdict, the Allahabad High Court held that the mere use of abusive language or being rude or disrespectful to the opponent would not come under the purview of Section 504 of the Indian Penal Code (IPC).

The bench of Justice Vikram D Chauhan was considering an application challenging the summoning order passed by the Judicial Magistrate in a complaint case registered under sections 379, 504, and 506 of the IPC.

In a case over the disappearance of his goat, the petitioner submitted a complaint claiming that he had tied his goat outside his house. Upon returning, he found that the goat was missing. Following this, the complainant and his brother visited the accused’s house and discovered the missing goat there. The confrontation resulted in verbal abuse and threats; then, the accused party warned the complainant to stay away and threatened to harm him if he returned to retrieve the goat. Even though the complainant reported to the police and sent a letter to the Superintendent of Police, no steps were taken.

Consequently, the Court partly allowed the application and reserve the summoning order in respect of Section 504 IPC. For that, the court cited the top court’s ruling in Mohammad Wajid and another Vs State of UP (2023), where the court pronounced that mere abuse may not come within the purview of the Section 504 IPC. Nevertheless, Justice administered the court concerned to carry on with the case under Sections 379 (punishment for theft) and 506 (punishment for criminal intimidation) of IPC.

Section 504 of the Indian Penal Code (IPC) pertains to the offense of intentional insult with intent to provoke breach of the peace. If someone intentionally insults another person with the intention of provoking them to break the peace or engage in violence, they could be charged under Section 504 of the IPC.

(With inputs from News 18)