Tuesday, May 25, 2010

Will not that act amount to intentional insult under section 504 Indian Penal code?see more?

Suppose some lady says some known man to her on phone or
on the net while chating one to one....''bastard'' or illegitimate''or ''caracterless'' or second hand or used piece.
Will not that act of her amount to intentional insult under section 504 Indian Penal Code?
Answer:
No such a chatting or conrvestation is between two individuals not in presence of any one else or in public, hence neither it is defemation as defined under section 499 as Whoever by words either spoken or intended to
be read, or by signs or by visible representations, makes or publishes
any imputation concerning any person intending to harm, or knowing or
having reason to believe that such imputation will harm, the
reputation of such person, is said, except in the cases hereinafter
excepted, to defame that person.
Explanation 4.-No imputation is said to harm a person's
reputation, unless that imputation directly or indirectly, in the
estimation of others, lowers the moral or intellectual character of
that person, or lowers the character of that person in respect of his
caste or of his calling, or lowers the credit of that person, or
causes it to be believed that the body of that person is in a lothsome
state, or in a state generally considered as disgraceful.
Nor it will be an insult as provided in section 504 as Intentional insult with intent to provoke breach of the
peace.--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.
As you see in both these provisions what is important that such converstation where such insult or imputaion is levied should be in presence of other person or in public .
A straight answer can be obtained if you analyse Sec 504 of IPC. The essential ingradients are i) there shall be intentional insult; ii) such insult shall provoke any person; iii) the person who insulting knows that it cause him to break public peace; iv) or to commit any other offence.

In the instant case, if such provocation cause him to break public peace or any other offence, then Sec.504 will attract. So here though the insult is intentional one, i feel that it does not have the other ingradients and it will not come under Sec 504.

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