Using bas***d in heated argument not obscene, says Supreme Court
India Today
Can abusive language alone be a crime? The Supreme Court's latest ruling draws a sharp line between vulgarity and obscenity, potentially reshaping how everyday altercations are treated under criminal law.
In a significant ruling on criminal law, the Supreme Court on April 6 held that the mere use of abusive language such as “bas***d” during a heated argument does not amount to obscenity under Section 294 of the Indian Penal Code, reported Live Law.
A Bench of Justice PS Narasimha and Justice Manoj Misra said that for an offence under Section 294 IPC to be made out, the words must carry a sexual or prurient element. Mere abuse, the Court said, is not enough.
“In our view, mere use of the word ‘bas***d’, by itself, is not sufficient to arouse the prurient interest of a person. More so, when such words are commonly used in the modern era during heated conversations. We are, therefore, of the view that conviction of the appellants for the offence punishable under Section 294(b) IPC is not sustainable and is hereby set aside,” the Bench said, reported Live Law.
The Court set aside the conviction of two accused who had been found guilty under Section 294(b) IPC by the Madras High Court. The case stemmed from a family property dispute over a common boundary, where an altercation broke out after the deceased attempted to fence the land.
During the argument, the accused allegedly used the word “bas***d”, which led to their conviction for obscenity.
Before the Supreme Court, the accused argued that no offence under Section 294 IPC was made out. The State, however, maintained that the abusive language attracted the provision.
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Can abusive language alone be a crime? The Supreme Court's latest ruling draws a sharp line between vulgarity and obscenity, potentially reshaping how everyday altercations are treated under criminal law.
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