Topic : Is using abusive language a crime in India-verbal abuse ipc
In this article of Is using abusive language a crime in India.You will get all the answer on Is using abusive language a crime in India and under which ipc we have rules related to abusive language.
The punishment for obscene acts or using abusive language in public is outlined in Section 294 of the Indian Penal Code. Sections 292 and 293 of the Indian Penal Code also deal with obscenity. The law on using abusive language does not specify what constitutes obscene conduct, but it enters the jurisdiction of the state only if it occurs person use abusive language in a public place to the discomfort of other people around. Traditionally, temple art and sadhus’ nakedness fall outside the scope of this subject.
Also read : ipc section 384 in hindi
Text of Section 294
Whoever, to the displeasure of others;
“(a) Performs any obscene conduct in any public place, or
(b) sings, recites, or utters any obscene song, ballad, or words in or near any public place, “maybe punished with imprisonment of any description for a term not exceeding three months, or with a fine, or with both.”
Examples of case laws -Is using abusive language a crime in India
The Supreme Court of India rejected a petition that Richard Gere had behaved obscenely by kissing Shilpa Shetty in public, stating as “no case was made out” in this case.
Even after the previous ruling involving Richard Gere and Shilpa Shetty’s case, petitions have been filed in courts arguing that public kissing violates this section. Lawsuits were threatened against Kiss of Love protesters under this provision.
The Kerala High Court ruled that the exhibition of cabaret dance free of nakedness and obscenity, as determined by the standards specified, was allowed and not subject to ban or prohibition.
The Bombay High Court has dismissed a case against 13 men who were detained for allegedly engaging in obscene actions with women in a flat, ruling that such behavior in a private setting cannot be called a criminal offense under the Indian Penal Code laws. It violated no sections. Madhur Result.
In 1999, a metropolitan magistrate’s court convicted Jaichand Pancham Patil (32) of insulting his neighbor Ratnamala while standing on his own property.
In addition, he had also attacked her.
He was sentenced to one month in jail by the court.
Now let us have a look at section 504 of the IPC.
The Section of 504 IPC as stated in the code provides penalization to, “whoever purposely insults, and thereby gives some sort of provocation to any person, intentionally or knowing it to be likely that such the provocation might make him to break the public peace, or to commit any other offense, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, and in some cases with both.”
To better understand Section 504 of the Indian Penal Code, it is vital to understand what the term “insult” truly means and how it might become serious enough to render a person responsible for committing a criminal offense.
The goal of Section 504 of the IPC is to prohibit the purposeful use of use of abusive language amounting to insult, resulting in provocations that cause the person against whom such remarks are used to conduct a breaking of peace prevailing there. This section demonstrates how one person can incite another to commit a criminal offense that jeopardizes public order. Vidalista 80.
Punishment for using bad words in india
In our daily lives, we hear a lot of unpleasant phrases that we somehow overlook to manage, but if a person purposefully uses hateful or offensive remarks to humiliate or provoke [ the other person, he is considered to commit an offense under section 504 of the Indian Penal Code. The following elements must be proven in order to prove or establish a violation under this section:
*That the accused purposefully offended someone.
*That the individual’s purpose is such that it is likely to provoke the person offended. *The accused is aware that such enticement would lead the person to disturb the public order or induce him to conduct a crime while under its effect.
An insult is required to conduct an offense under this clause. The phrase ‘insult’ denotes that the words used must be of such a character that they induce disdain for a person’s dignity or produce a sense of embarrassment to the individual. These words also contain slang and offensive terms that individuals use in their daily lives, such as bastard, fool, etc.
To file a lawsuit under this clause, it would be essential to determine whether or whether the usage of such abusive words resulted in an intended insult. Under this clause, a person possibly can’t be held accountable unless an insult was intended. The big challenge now is how to tell if the abuse was deliberate or not.
Conclusion of Is using abusive language a crime in India-verbal abuse ipc
We have spoken in detail about Is using abusive language a crime in India. We have talked about both sections 294 and section 504. We have had a good look at some cases too. After all, it is very difficult to prove vulgar/abusive/obscene language and behavior. We have laws to tackle this offense, but it isn’t easy to get the witnesses at the right time and place. Hope you like the article on Is using abusive language a crime in India-verbal abuse ipc
Also read : Is 384 IPC bailable or not?-section 384 ipc ingredients