Source: Allahabad High Court

Why in News?

Recently, the Allahabad High Court in the matter of Dhirendra & Ors v. State of U.P. & Anr., has held that the mere use of abusive language or being discourteous or rude would not by itself amount to any intentional insult within the meaning of Section 504 of the Indian Penal Code, 1860 (IPC).

What was the Background of Dhirendra & Ors v. State of U.P. & Anr. Case?

• In the present case, the complainant preferred a complaint against the applicants.
• The allegation as per the complaint is that the complainant had tied up his goat just outside his house and left the village.
• When the complainant came back to the village on the same day and reached his house, he found that his goat was missing.
• Thereafter, he was informed that the goat had been taken by the applicants by way of theft.
• Upon confronting the applicants at their house, the complainant found the goat there.
• It was further alleged that when the complainant confronted the applicants with the aforesaid act they abused and threatened him.
• The Judicial Magistrate has passed an order summoning the applicants under Sections 379, 504 and 506 of IPC.
• Challenging the summoning order, the application has been filed by the applicant before the Allahabad High Court.
• The application was partly allowed by setting aside the summoning order for the offence under Section 504 of the IPC.

What were the Court’s Observations?

• Justice Vikram D. Chauhan observed 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 IPC.
• The Court added that for an act to come under the purview of this offence, it has to be shown that the nature of abusive language or insult was such that it is likely to insult a person or to commit a breach of the peace or commit an offence.
• The High Court relied on the judgment given in the case of Mohammad Wajid v. State of U.P (2023).
  • In this case, the Supreme Court observed that mere abuse, discourtesy, rudeness or insolence, may not amount to an intentional insult within the meaning of Section 504, IPC if it does not have the necessary element of being likely to incite the person insulted to commit a breach of the peace of an offence.

What are the Relevant Legal Provisions Involved in it?

Section 379 of IPC

• Section 379 of the IPC prescribes punishment for theft whereas the same provision has been covered under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023 (BNS).
• It states that whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
• The offence of theft has been defined under Section 378 of IPC whereas it has been defined under Section 303 of the Bhartiya Nyaya Sanhita, 2023 (BNS).
• A theft is said to have been committed when a person intending to take dishonestly any movable property out of the possession of any person without the person's consent, moves the property in order to take such property.

Section 504 of IPC

• This section deals with the intentional insult with intent to provoke breach of peace.
• This section states that whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
• It is a non-cognizable, compoundable and bailable offence and is triable by any magistrate.

Section 506 of IPC

• This section deals with the punishment for criminal intimidation.
• It states that whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
• If the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.