Mere Use Of Abusive Language Or Being Discourteous/Rude By Itself Doesn't Amount To Offence U/S 504 IPC: Allahabad HC

The Allahabad High Court recently 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 Indian Penal Code. 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 is likely to insult a person or to commit a breach of the peace or commit an offence A bench of Justice Vikram D. Chauhan observed thus while dealing with an application filed under Section 482 CrPC challenging an order passed by the Chief Judicial Magistrate summoning the applicant, in a complaint case, for offences under Sections 379, 504 and 506 IPC. Insofar as the case against the applicant under Section 504 of IPC was concerned, the Court noted that the only allegations against the applicants were that abusive language was used by them, however, the nature of abusive language had neither been elaborated in the complaint nor in the statements of witnesses. In this regard, the Court relied upon Apex Court's ruling in the case of Mohammad Wajid vs State of U P | 2023 LiveLaw 624 wherein it was 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.