Mere Abuse In A Filthy Language Does Not Attract Offence Of Criminal Intimidation U/s 506 IPC: SC
Supreme court in CRIMINAL APPEAL NO. 759 of 2019 (arising out of SLP (Crl.) No.4820/2017) titled as “VIKRAM JOHAR …APPELLANT(S) VERSUS THE STATE OF UTTAR PRADESH & ANR. …RESPONDENT(S)” has held that Mere Abuse In A Filthy Language Does Not Attract Offence Of Criminal Intimidation U/s 506 IPC.
The complaint was that appellant , with two or three other unknown persons, one of whom was holding a revolver came to the complainant’s house and abused him in filthy language and attempted to assault him and when some neighbours arrived there the accused and the other persons accompanying him fled the spot.
The accused’s version about the incident was that, as a surveyor he had given adverse reports regarding the fire claim of the company, and so the complainant due to annoyance and to teach a lesson to him has filed the complaint. It was urged that ingredients of offence under Sections 504 and 506 are not made out on the reading of the complaint.
The above allegation taking on its face value does not satisfy the ingredients of Sections 504 and 506, said the bench. The court also said that while considering the discharge application, the Court is to exercise its judicial mind to determine whether a case for trial has been made out or not.