ABUSE IN FILTHY LANGUAGE IS NOT SUFFICIENT TO ATTRACT 504 & 506 IPC

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The Supreme Court has declared that for an offense to attract the provisions of Section 504 & 506 of the IPC, it should be to such a high degree that it should cause a person who has been insulted to disrupt public peace. Wherein a man was insulted in his own house and where the said person did not disrupt public peace, the provisions of section 504 & 506 cannot be attracted.

 

In order for an offense to be considered under 504 IPC, these conditions must be met:

(i) That the accused threatened some person.

(ii) That such threat consisted of some injury to his person, reputation or property; or to the person, reputation or property of some one in whom he was interested;

(iii) That he did so with intent to cause alarm to that person; or to cause that person to do any act which he was not legally bound to do, or omit to do any act which he was legally entitled to do as a means of avoiding the execution of such threat.

 

And for a offense to be constituted under 506 IPC, these conditions must be met:

(i) That the accused threatened someperson.

(ii) That such threat consisted of some injury to his person,reputation or property; or to the person, reputation or property of some one in whom he was interested;

(iii) That he did so with intent to cause alarm to that person; or to cause that person to do any actwhich he was not legally bound to do, or omit to do any act which he was legally entitled to do asa means of avoiding the execution
of such threat.