Defamation--Intention to Insult--Absence Of Obscenity Or Intent To Provoke Breach Of Peace, Use Of Commonplace Words During Political Protest in Public Not Punishable
Use of colloquial expressions such as "Nalayak" during a public political protest does not, by itself, attract criminal liability under Section 294 or Section 504 of the Indian Penal Code. Section 294 requires the utterance to be obscene and annoying to others in a public place; Section 504 requires deliberate provocation intended to incite breach of peace. Harsh criticism of administrative functioning during a political rally, absent material establishing such intent, does not satisfy the statutory ingredients of either offence. Criminal liability cannot be fastened on the basis of colloquial expressions unless the ingredients of the offence are clearly established.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
