ANAMA SWAIN Vs. JANAKINATH MITRA

JUDGEMENT

(1.) THE petitioners, five in number, have been convicted under sections 352 and 504 of the Indian Penal Code. Each has been sentenced to pay fine of Rs. 150/ -, in default to undergo rigorous imprisonment for one month on each count.

(2.) THE prosecution case is that on 3. 1. 78 around 'noon while the complainant opposite party was standing in front of the house of one Kampala Rout, the petitioners came in a body armed and dashed against him and abused him in filthy language. The opposite party alleged that had he not restrained himself and the villagers intervened; there would have been breach of the public peace. Despite denial by the petitioners and their plea of alibi,, the courts below have convicted and sentenced them for the offences stated above.

(3.) IN regard, however, to the offence under section 504,1 regret to observe that the courts below have not kept in mind the requirements which would go to constitute the offence. There is no discussion in the judgments of the courts below of the materials which went to bring home the charge to the petitioners. The section does not punish expression of words which had merely terms of vulgar abuse. 'Insult' means : to treat with offensive disrespect and/or to offer indignity to a person. An insult, even if gross insult -is not an offence in itself under the section. Mere breach of good manners does not constitute an offence under Section 504. Insult may be offered by words or conduct. When the charge is an insult by words, the words must amount to something more than what in English law is called 'mere vulgar abuse' -Beaumont, C. J. in Philip v. Emperor, AIR 1932 Bombay 193. The following ingredients have to be established in order to bring home a charge under Section 504, I. P.C.;