IPC 504: According to section 504 of the Indian penal code (IPC), Whoever deliberately insults, and thereby gives incitement to any someone, aspiring to or knowing it to be feasible that such provocation will result in him to break the public consensus, or to perpetrate any other infraction, shall be penalized with the confinement of either inscription for a term which may lengthen to two years, fine, or both together.
IPC Section 504, ponders a deliberate insult to any individual overseeing provocation or at least aiming at or knowing it to be probable that such provocation will induce the person to whom the purposeful insult is given to violate the public consensus or to execute any other violation.
The condition envisions that the deliberate insult will further have in its background the motive or knowledge that such purposeful insult would either aggravate the individual to whom it is delivered, to break the public consensus, or to perpetrate any other infraction.
What is Section 504 of IPC?
IPC Section 504 as interpreted in the code procures penalty to, “whoever deliberately insults, and thereby furnishes provocation to any individual, aspiring to or knowing it to be likely that such provocation will result in him to break the public consensus, or to perpetrate any other offense, shall be penalized with imprisonment of either inscription for a period which may lengthen to two years, or fine, or together”.
What is an “Insult” in terms of IPC Section 504
The purpose of the 504 IPC section is to deter the purposeful use of vicious speech amounting to abuse, providing a boost to provocations resulting in the individual against whom such utterances are utilized to perpetrate a breach of consensus. In this section, it is shown how someone can incite another to execute a violation that is criminal and which can damage the public consensus at large.
To perpetuate a violation under this section, an insult is necessary. The term ‘insult’ means that the phrases used must be of such a disposition that affects arrogance to the prestige of an individual or we can say, which induces a sense of stigma to the person. These statements even comprise the day-to-day slangs people utilize in their daily lives as well. To fetch a trial under this section, it would be crucial to determine whether the usage of such words led to a willful insult or not. An individual cannot be held responsible under this section unless insult was intended. Now the important question here is,
How do we deduce whether or not the insult was intentional?
A motive of insult and disrespect is a topic of validities and conditions which fluctuate from trial to trial and circumstance to circumstance. The essence of insult is more of an issue of evidence and not of law. Insults should deliver provocation to induce an infringement of public consensus. For example, when the denounced verbally abused the complainant in such a way that involved the wholeness of the female participants in his family, such an act falls under IPC section 504.
Because of the articulation of the cruel statements in the background, atmosphere, and situations in which they are used, the act exhibits the infringement of peace, which is assessed as the determining test to generate a case within the magnitude of section 504 IPC. Further, it is also argued that every insult could not be categorized as a willful insult. For example, a sheer inadequacy of decent manners and informal talks between “buddies” does not include a violation under this section. Furthermore, the use of abusive speech not substantiated by intent also does not steer to a breach of peace and does not make it a violation.
In evaluating whether the specific abusive language is covered under IPC Section 504 or not, the judiciary has to discover what in typical conditions would be the consequence of the abusive language employed, and what if the plaintiff utilized those phrases or did an act as an outcome of his calm disposition or in his connotation of discipline. It is the conventional comprehensive essence of the abusive language that is the test for considering whether the abusive language is a deliberate insult likely to stimulate the person insulted to execute a breach of consensus and not the particular conduct or temperament of the complainant.
Each litigation of abusive language is to be determined on the evidence and factors of the case, and there cannot be an extensive proposition that no one perpetrates a violation under IPC Section 504 if he merely utilizes abusive terminology against the complainant
Hence, the invective that is significant to IPC Section 504, must be chaperoned to stimulate a person intending or realizing it to be feasible that such provocation will cause the latter to break the consensus, or perpetrate some other violation.
What is the Trial Protocol in a trial filed under Section 504?
The litigation process in a case documented under Section 504 is identical to any other distinct criminal trial. The same has been clarified below from the preliminary stages of filing a grievance till the judiciary gives the final verdict:
1. The FIR, Remand, and Bail Process
The initial step in the method is to file an FIR after which the impeached is apprehended. Whenever an accused is apprehended for any violation and the authorities cannot proceed with the investigation within 24 hours then such person is delivered before a judge for attempting an extension of detention. The magistrate can consent to the officer for the detention of the accused which shall not exceed more than 15 days in the entire contemplating of the application. However, if the arbiter does not seem certain then the accused is taken to magisterial supervision. However, the judge under section 167 (2) (a) may approve of the custody of the accused person, contrarily in the custody of police beyond the duration of fifteen days; if he is delighted that sufficient grounds exist in doing so. However, no judge shall authorize custody for more than Ninety days, where the investigation is of a violation punishable with death or imprisonment for 10 years, or imprisonment for a period not less than ten years.
Sixty days, where the investigation is of any distinct offense. On the expiry of the 90 days or 60 days, the accused can be consented to bail by applying for a grant of bail, within the conditions of sections 436, 436, and 439 of CRPC.
2. Final Report by Police under Section 173 of the Criminal Procedure Code
The authority after finalizing the investigation has to document a decisive statement under section 173 of the CRPC. This is the final verdict of the investigation and the proof accumulated by the Investigation Agency. If the facts compiled against the accused are insufficient then the police may arrange for a report under section 169 of the CRPC and discharge the accused on enforcing an agreement and undertaking for appearing the Magistrate entrusted to take cognizance.
3. Closure Report.
A closure report is documented when the police have no evidence to substantiate that the alleged offense has been perpetrated by an accused.
After the closure report is filed the judge has 4 options.
4. Accept the report and close the case.
Supervise the investigating agency to analyze the matter further, if they think there is still some extent in the investigation.
Issue a notice as he is the only individual who can dispute the closure report.
May dismiss the closure report and bring cognizance under section 190 of CRPC and section 204 for the same, issue a warrant to the accused and direct his manifestation to the judge.
5. Charge Sheet
A charge sheet comprises the components of the offense in a prescribed configuration, and it also includes the detailed investigation and analysis of the Police administrations and the penalties slapped against the accused. It contains facts, in quick, all testimonies documented under sections 161, 164, a copy of the FIR, a list of witnesses, a list of course, and other documented proof. According to Chapter six of the CRPC, on the filing of the charge sheet, the accused may be summoned by the court to arrive before him on the allotted date. On the filing of the charge sheet, the Magistrate takes cognizance of the topic under section 190 of the CRPC. The judiciary can repudiate the charge sheet and release the accused or can approve it and frame the penalties and post the prosecution case.
6. Petition of Guilty Or Not Guilty By Accused
If the accused pleads guilty, the judiciary shall report the plea and may sentence him. If the accused pleads not guilty then the case is settled for trial.
7. Opening Statement by Prosecution
The case is unfolded by the Prosecutor, who will then have to decipher to the tribunal the penalties put on the accused in the charge sheet. The accused at any time can file a petition under section 227 for releasing him for the penalties imposed on the ground that the penalties against him are erroneous and are not robust or adequate to continue against him in the trial.
8. Evidence Produced by the Prosecution
Witnesses from both viewpoints are evaluated. The stages of proof contain Analysis of Chief, Cross-analysis, reanalysis. To generate the humiliation of the accused, litigation is required to yield evidence. The evidence needs to be subsidized with testimonies from witnesses. This process is called “analysis in chief”. The magistrate has the power to issue a subpoena to any individual as a witness or appoint him to produce any manuscript.
(Session trial- section 233, warrant trial- section 242, and summons trial-section 254).
9. Statement of the Accused
Thereon the testimony of the prosecution, the announcement of the accused is documented under section 313 of CRPC. An oath is not conducted during the recording of the testimony. The accused then says his/her validities and conditions of the case. Anything documented during the statement can be wielded against him or her at any later level.
10. Defense Witness
The defense after the announcement of the accused yields verbal and documentary proof. This is under section 233 for sessions trial, sections 243 for authorization trial, section 254 (2) for subpoena trial. In India the defense is normally not expected to provide any defense proof as the responsibility of proof is on the prosecution.
11. Final Arguments
Final arguments are illustrated by the Public Prosecutor and the defense attorney. According to section 314 of CRPC. any party to a proceeding may, as soon as may be, after the conclusion of his evidence, address concise oral assertions, and may, before he deduces the verbal assertions if any, submit an inscription to the Court setting forward briefly and under distinct titles, the arguments in backing of his case and every such memorandum shall comprise part of the record.
A copy of every such memorandum shall be simultaneously provided to the opposite party.
After hearing all the statements, the judge decides whether to condemn the accused or pardon him. This is known as judgment. Session Trial Section 235, warrant Trial Section 248 and Summon Trial Section 255 wherein If the accused is convicted, then both sides provide their assertions on the penalty or sentence. This is usually accomplished if the sentence is life imprisonment or capital punishment.
After heeding the statements on the sentence, the court ultimately concludes what should be the penalty for the accused. Several concepts of punishment are considered like the reformative strategy of a penalty and the deterrent notion of penalty. The age, background, and record of the accused are also evaluated while delivering the judgment.
How do I acquire Bail if charged under Section 504 of IPC?
To apply for bail when accused under IPC Section 504, the accused will have to apply in court. The court will then mail the arrival proposition to the other party and will fix a time for the hearing. On the date of hearing, the judiciary will hear assertions from both sides and will give a conclusion based on the evidence and circumstances of the case.
In case the accused has an uncertainty of an arrest under Section 504 of the IPC, he or she can also file a petition for anticipatory bail with the support of a criminal lawyer. The attorney will file the anticipatory bail petition in the requisite tribunal having the authority to adjudge the particular unlawful matter along with a “Vakalat Namah”. The court will then acquaint a public prosecutor with the anticipatory bail plea and would ask him to catalog disapproval if any. Thereafter, the court will ordain a date of hearing and after hearing the final arguments of both the groups would give a conclusion based on the validities and conditions of the case.
Frequently Asked Questions
Are the trials classified under IPC Section – 504 bailable?
Yes, It is bailable.
Are the prosecutions cataloged under IPC Section – 504 cognizable?
No, it is a non-cognizable offense.