Mere Use of Abusive Language and Threats Insufficient for Offense U/S 294 IPC – MP High Court
In a significant legal development, the Madhya Pradesh High Court, in a recent judgment, emphasized that “mere use of abusive language and threats” does not suffice to constitute criminal offenses under Section 294 and 506 of the Indian Penal Code (IPC). The court quashed the First Information Report (FIR) and charge sheet filed against the accused, highlighting the importance of specific allegations and necessary ingredients for such offenses.
The case, M.Cr.C.No.19835 of 2017, involved an application under Section 482 of the Criminal Procedure Code (Cr.P.C) seeking the quashing of the FIR and charge sheet. The complainant alleged that the accused had used abusive language and issued threats. However, upon close examination of the factual matrix, the court found that the allegations lacked specificity and failed to establish the intent to cause alarm, which is a crucial element of these offenses.
Justice Dinesh Kumar Paliwal, presiding over the case, stated in the judgment, “Mere use of abusive language and threats, without demonstrating an intention to cause alarm or create a reasonable apprehension of harm, does not meet the legal threshold for offenses under Section 294 and 506 of IPC.”
The judgment referred to several precedents, including the landmark case of State of Karnataka Vs. L.Muniswamy and Others (1977) 2 SCC 699, to underscore the importance of clear and specific allegations when invoking these criminal provisions.
The decision has significant implications for cases involving similar allegations, as it reaffirms the principle that the law requires more than just the use of strong language or threats to establish criminal liability.
This judgment serves as a reminder of the judiciary’s role in ensuring that criminal allegations meet the legal criteria and that offenses are not established solely on the basis of offensive language or threats.
Date of Decision: 22.09.2023
PRAFULLA KUMAR JAISWAL vs THE STATE OF MADHYA PRADESH
