- Lavanya Goinka
India’s legal system has rules based on the ideals of humanity and peace, as well as laws aimed at protecting public tranquillity. The Indian Penal Code, enacted in 1860, offers a list of criminal offences and their punishments. All of the crimes listed in the IPC are classified into different categories and assigned to different chapters.
Sections 503 to 510 are covered by Chapter XXII of the IPC, which is headed “Of Criminal Intimidation, Insult, and Annoyance.” The offence under Section 504 of the IPC is discussed in this article. Insult is a term we frequently hear and use without giving it much thought. However, the severity of this phrase is sufficient to constitute it a criminal offence. With the help of certain relevant case laws presented in this article, readers will gain a full explanation of Section 504 and will learn about the nature and punishment of the offence. - Section 504 of the IPC:
According to Section 504 of the Indian Penal Code, whoever intentionally insults and thus causes provocation to any person, intending to cause provocation or knowing that such provocation would likely cause him to break the public peace or commit any other offence, shall be punished with imprisonment for a term of up to two years, fine, or both. This Section punishes anyone who provokes someone by insulting him and causes a commotion in a public place, or induces the offended person to conduct any other criminal offence.
The use of offensive language is rather common among people, and the offensive ness of abusive remarks is sometimes overlooked as a factor in determining criminal responsibility. However, if a person uses such language to purposefully insult another person, with the goal or knowledge that his comments are likely to encourage the person who has been insulted to disturb the public peace, he may be prosecuted under Section 504.
Section 504 of the IPC’s ingredients
A person is presumed to have committed an offence under this Section if his or her act meets the circumstances that make up the essential ingredients of the offence. The following are the elements of Section 504:
- The accused has purposefully offended the other person.
- The person’s intention should be such that the person who has been insulted is likely to be provoked.
- The accused is aware that such provocation will induce the person to disturb the public peace or cause him to conduct another crime while under the influence of it.
The secondary factors are the provocation and the knowing that provoking another person may lead him to do something that will disrupt the public peace. A person is only provoked when he has been purposely insulted by another person. This means that an intended insult is the most important component of committing an offence under this Section. The concept of mens rea is required.
Section 504 of the Indian Penal Code defines the term “insult.”
This section considers verbal disrespect when classifying it as “insult.” A person is expected to deliberately disrespect the other in order to provoke his insult. This Section makes the person who insulted him criminally liable if the insult becomes so severe that it causes the insulted individual to create a disturbance of public peace. For the purposes of this Section, any use of words that could offend someone qualifies as an insult. The use of offensive words or harsh language, such as slang, is sufficient to degrade a person’s dignity. It’s a common scenario in which two people dispute and then one of them uses harsh language toward the other. This act is sufficient to charge a person under Section 504 for willfully using such words, as it constitutes an insult under the abovementioned clause.
It’s worth noting that such nasty language has to be used on purpose. The insult must be made with the aim to provoke a person in order to be considered an offence under this section. This Section does not regard a rude way of addressing someone or casual conversations between friends to constitute an offence. If a person uses abusive words towards another person without intending to cause him to breach the public peace, he will not be charged with the crime. As a result, it must first be assessed if the individual intended to offend the other or not.
The question of ascertaining the purpose of an individual to be insulted is dependent on the facts of the case. The Court examines the relationship between the people, their backgrounds, circumstances, and the entire situation in order to determine whether the insult was intended or not.
The nature of IPC Section 504
The nature of the offences committed under this Section are unknown. This means that if an individual is subjected to Section 504, a police officer cannot arrest him without a warrant and must obtain the Court’s authorization. Furthermore, certain offences are bailable, which means that granting bail is a matter of right rather than a matter of the Court’s discretion. Because these offences are not as serious as others, they are punishable by imprisonment for up to two years, a fine, or both.
When an infraction is committed under this section, the complainant (victim) enters into a plea bargain and agrees to drop all charges against the accused. It is important to highlight that only the individual who has been insulted is permitted to compound the offence.
Procedure for the trial of a case brought under Section 504 of the Indian Penal Code
If an offence under Section 504 is committed, the trial procedure will be the same as for any other criminal offence specified in the IPC. There are various stages to the procedure for the trial of an offence under Section 504, starting with the filing of a FIR under Section 504 and ending with the Court’s judgement.
The FIR is filed.
An FIR must be filed when the accused is apprehended by the police, and the accused must be brought before the Court of Magistrate within 24 hours of the arrest.
The police’s final report
Under Section 173 of the Criminal Procedure Code, the police are required to file a final report with the court after they have completed their investigation of the crime (CrPC). This report serves as the investigative agency’s final submission of the investigation.
If a case is brought under Section 504 of the IPC, the final report will include all on-the-spot evidence acquired by the police, which will aid the Court in determining whether the offence’s elements have been met or not.
The charge sheet contains the facts of the case as well as all of the specifics of the police investigation. Any comments made by the accused during the inquiry are also included in it, and a copy of the FIR is attached to the charge sheet. The Magistrate takes cognizance of the matter under Section 190 of the CrPC when the charge sheet is filed.
The court has the option of rejecting the charge sheet and discharging the accused, or accepting it and framing the charges in order to set the case for trial.
Prosecution’s actions to be done
To begin, the prosecution will declare that the charges against the accused in the charge sheet include verbal abuse and intentional insult as defined by Section 504 of the IPC. The prosecutor is required to back up his comments with evidence obtained against the accused and testimonies recorded from witnesses in order to establish the accused guilty of the offence under the relevant rule.
However, under Section 227 of the CrPC, a person arrested under Section 504 has the right to apply for discharge by establishing that the charges levelled against him are false and/or very weak in order to continue the trial.
Arguments in the end
According to Section 314 of the CrPC, any party in a proceeding may address concise oral arguments after the close of his evidence, and before he concludes the oral arguments, he may submit a memorandum to the Court stating the arguments in support of his case clearly and under distinct headings, and every such memorandum shall form part of the record. A copy of the same must be provided to the opposing party as soon as possible.
The judgment
After considering both parties’ arguments, the judge rules on the case and issues a verdict of guilt or acquittal, as the case may be. If the judge believes that the insult was made with the intent of provoking the other person, and that the person who insulted intended to cause a breach of public peace or the commission of any other offence by the person so insulted, the judge may find the person guilty under Section 504 and enter a conviction order in the judgement.
