In a significant ruling, the Allahabad High Court has clarified the legal interpretation of intentional insult under Section 504 of the Indian Penal Code (IPC), setting a precedent regarding the use of abusive language in criminal cases.

The decision came as the High Court addressed an application under Section 482 CrPC, challenging a summoning order issued by a Judicial Magistrate in a complaint case involving sections 379, 504, and 506 of the IPC. Presided over by Justice Vikram D Chauhan, the bench emphasized that mere use of abusive language or being discourteous does not necessarily constitute intentional insult as per Section 504 of the IPC.

Referring to a recent Supreme Court ruling in Mohammad Wajid and another Vs State of UP (2023), the High Court underscored that a distinction must be made between mere abuse and an insult that is likely to provoke a breach of peace or constitute an offense.

In the case under consideration, the complaint failed to specify the nature of the abusive language allegedly used by the accused individuals. The High Court deemed the allegations vague and concluded that without specific details, Section 504 of the IPC cannot be invoked.

Consequently, the High Court partially allowed the application, setting aside the summoning order under Section 504 IPC. However, it directed further proceedings under Sections 379 (punishment for theft) and 506 (punishment for criminal intimidation) of the IPC.

The case dates back to 2016 when the complainant reported the theft of his goat, which was later found at the accused’s residence. Allegedly, upon confrontation, the complainant faced verbal abuse and threats from the accused individuals, including warnings of physical harm and death.

The police recorded statements from the complainant and witnesses, leading to the summoning order by the Judicial Magistrate, which was subsequently challenged before the High Court.