IPC Section 504 deals with Intentional Insult with Intent to break a breach of peace. The IPC, 1860, has provisions to punish those inflicting physical and mental harm on others. Section 504 under Part XXII deals with the offence of “intentional insult with intent to provoke the breach of peace” with provisions for punishment.
However, the use of abusive language doesn’t mean an offence. Only under certain conditions can there be an offence for which the offender can be held liable. Read below this article to learn more about IPC Section 504 in depth.
IPC Section 504
IPC Section 504 Overview
Intentional insult with intent to provoke breach of the peace: Whoever intentionally insults and provokes a person, knowing that this will lead him or her to disturb the public peace or commit any other offence, shall be punished with imprisonment for a term that may extend to 2 years, with a fine, or with both.
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Offence Description
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Punishment provided
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Cognizable/Non-Cognizable
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Insult intended to provoke a breach of the peace
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Imprisonment for 2 years, or fine, or both
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Non-Cognizable
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Bailable/Non-Bailable
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Trial Court Details
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Compoundable/Non-Compoundable
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Bailable
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Any Magistrate
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Non-Compoundable
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Compoundable by Whom
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Concerned Ministry
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Concerned Department
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Non-Compoundable
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Ministry of Home Affairs
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Department of Internal Security
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Crimes under IPC Section 504
Section 504 of the IPC lays down punishment for insulting someone intentionally to provoke them, with the knowledge that the provocation caused by their insult can induce the person to commit an offence or act in a way that can breach the peace of the public.
However, a mere insult, profanity, or use of vulgar language alone isn’t an offence. The action of insulting someone would become an offence only if the insult was severe enough to provoke the person to do something wrong or commit a serious offence for which s/he can be held liable.
There are three essential ingredients that should be considered when charging a person under Section 504, IPC:
The accused had the intention of insulting the person.
- The accused knew that provoking him or her would cause the person to breach public peace or commit an offence.
- The accused had an intention to insult the person.
However, not all insults can be considered intentional. A person lacking good manners might casually use cuss words or speak vulgarly to people. Even though some people might take offence and find it disrespectful, it would still not be counted as an insult under this section as the person actually does not intend to insult anyone.
If there are two friends engaged in friendly banter and they say nasty things to each other, Under such circumstances, one can easily understand that it was lighthearted and that the insults were unintended.
Nature of Crime under IPC Section 504
The offence under Section 504 is non-cognizant, bailable, and compoundable in nature, since it is relatively not a very serious offence. It is triable by any magistrate.
Non-cognizable
Most of the minor offences, including insults, are non-cognizable offences, which means that the police or any other investigating authority, without an arrest warrant, can’t arrest the accused. These are less severe in nature. Hence, these are usually punishable with a term of less than 3 years. The imprisonment term for an offence committed under Section 504 extends up to 2 years.
Bailable
A bail being granted is based on the intensity of the crime committed. Bail can be easily sought in cases that are less intense in nature, and it can be granted to the accused at the court’s discretion. Thus, under Section 436 of the CrCP, 1973, the accused is entitled to seek bail for this kind of offence.
Compoundable
offences for which a settlement can be agreed upon by both parties, whereby the complainant (the person who has caused damage) could agree to drop the charges against the accused in exchange for some consideration.
Punishment under Section 504, IPC
The aim of punishing an offender is to hold him or her accountable for his or her actions. The punishments under Section 504 are deterrent and mainly punitive, as the sole aim here is to punish the offender and prevent others from committing similar offences in the future.
Under its provisions, if a person insults another person with an intention, knowing that this will make the person disturb the public or commit an offence, s/he will be held guilty under Section 504 and will be punished accordingly with:
- imprisonment of up to 2 years;
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Procedure for trial under Section 504, IPC
Since the offence under Section 504 is non-cognizable in nature, the police officer can’t directly initiate an investigation or effect an arrest against the accused. As per Section 155(2) of the CrPC, the police can’t investigate a non-cognizable offence without receiving any directions or orders from the concerned court or magistrate. The police aren’t bound to record a FIR for a non-cognizable offence.
Hence, the victim should initiate the prosecution process by registering the crime with the magistrate. Then, to start an investigation, the magistrate can issue an order. The magistrate should receive a report on the investigation under Section 158 of the CrPC. If the accused gets convicted in the trial, the magistrate will issue an arrest warrant, and then the police can make their final arrest.
Procedure for appeal under IPC Section 504
If there is an acquittal for a bailable and non-cognizable offence passed by the magistrate, then the complainant can file an appeal against the judgement passed by the magistrate to the High Court under the provisions of Section 378 of the CrPC.
How do I get bail if charged under IPC Section 504
An accused has the right to get bail if s/he commits a bailable offence, like in Section 504. By filing a bail application with the police or investigating officer or with the magistrate, bail can be sought. Since bail is a right of the accused, the court or the police don’t reserve the discretion to decide whether or not bail can be granted; it is the duty of the police or the court to grant bail if the accused files for it.
However, some terms and conditions can be laid down by the authorities in the bail bond. If the accused breaches these terms, then they can remand him or her back to custody for committing the breach.
1. State of U.P. v. Mukhtar Ansari (2022)
Facts of the case
The complainant was a jailor, and the defendant, Mukhtar Ansari, a former M.L.A., was a prisoner in the same jail in 2003. Some people had come to meet the defendant, but the complainant would allow his visitors only with permission and once they were frisked as a part of general safety procedures on the day of the incident. This made the defendant angry, and he started verbally abusing him and extending death threats at the complainant while pointing a gun at him.
Judgement of the Court
The defendant was held liable under Sections 353 (an offence of assault or criminal force to deter a public servant from performing his duties); 506 (criminal intimidation); and 504 (intentional insult) under the IPC by the Allahabad High Court.
The Court said that the complainant was intentionally insulted by the defendant, knowing that it would undermine his authority as a jailor and test his integrity as a public servant, which would likely lead to a breach of peace inside the jail and outside. Thus, the Court found him guilty under Section 504 and charged him with 2 years of rigorous imprisonment and a fine of Rs. 2,000/-.
2. G. Sivaraja Boopathi v. State (2022)
Facts of the case
The accused, Sivaraja Boopathi, posted on Facebook, disrespecting the late CDS General Bipin Rawat and calling him a “dictator” and “mercenary of the fascists.” A complaint was registered against him in Nagercoil at the cybercrime police station, invoking Sections 153, 505, (2), and 504, IPC. The accused petitioner approached the Madras High Court to quash the FIR.
Judgement of the Court
The High Court noted that the accused must have intentionally communicated the abuse or insult ‘directly’ to the victim. Though the remarks were uncivil in nature, they do not constitute an IPC offence. Further, the posts were meant only for a specific group of people, i.e., his “Facebook friends,” even though anyone could see them. Section 504 cases involve only one-to-one interactions. Thus, on this reasoning, the petitioner was not held guilty.
Conclusion
Thus, if someone intentionally insults another person, knowing it could provoke him or her to disturb public peace or commit another offence, they can be punished with imprisonment for up to 2 years, a fine, or both. Section 504 of the IPC prescribes punishment for the offence of ‘intentional insult with intent to provoke breach of the peace’.
The intent of this is to prevent people from using abusive, insulting language intentionally, which leads to provoking a person who may break the peace. It’s not necessary for there to have been an actual disturbance of peace for the commission of an offence under Section 504, IPC.
IPC Section 504 – FAQs
What does Section 504 of the law address?
Section 504 of the IPC deals with insults with an intention aimed at provoking someone, which is likely to cause the person to break the public peace or commit another offence. The punishment for an offence under Section 504 can include imprisonment for a term that may extend up to 2 years, a fine, or both.
Why do you need a lawyer for a case under Section 504, IPC?
It is necessary to hire a lawyer for a case under IPC, Section 504, as it can help you understand the nature of the crime, the rights available to you before and after arrest, and what can be expected after a trial in case you get convicted.
Is this offence considered a cognizable or non-cognizable offence? Is this offence bailable or non-bailable?
The offence under Section 504 is classified as a non-cognizable offence, meaning that the police cannot make an arrest without a warrant and they require the court’s permission to initiate an investigation. The offence is bailable, meaning that the accused can apply for bail, and bail will be granted by the court, depending on the circumstances of the case.
How is insult under Section 504, IPC, different from defamation under Section 499, IPC?
Insulting someone also causes damage to one’s reputation and dignity. But the difference lies in the “publication” of the defamatory or insulting statement. While in the case of defamation, publishing insulting or abusive comments against a person alone is not enough to complete the offence, it is so in the case of insult. Moreover, the presence of a third party is necessary for defamation but not for insult. Insult is intended to cover cases where the interaction is one-on-one in nature.
Is the offence under Section 504, IPC, compoundable?
As per Section 320 of the CrPC, the offence under Section 504 of the IPC is compoundable, i.e., the law allows for a compromise to be recorded between the victim (the person insulted) and the offender.
Can a police officer make an arrest under Section 504?
An offence under Section 504 is a non-cognizable offence; therefore, the police officer has no authority to arrest a person without an arrest warrant.
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