Section 504 of IPC - Intentional Insult with Intent to Provoke Breach of Peace

Legal Definition

Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC 504 in Simple Words

If someone intentionally insults another person, knowing it could provoke them to disturb public peace or commit another offense, they can be punished with imprisonment for up to two years, a fine, or both.

Offence Details

Offence	Punishment	Cognizance	Bail	Triable
Insult intended to provoke breach of the peace	2 Years or Fine or Both	Non-Cognizable	Bailable	Any Magistrate

What is Section 504, IPC?

Section 504 of the Indian Penal Code, 1860 (“IPC”) prescribes punishment for the offence of ‘intentional insult with intent to provoke breach of the peace’.

The purpose of this section is to stop people from using abusive, insulting language intentionally, which leads to provocation and causes the person being rebuked to break the peace. It's not necessary for there to have been an actual disturbance of peace for commission of an offence under Section 504, IPC.

Essential Ingredients for Section 504, IPC

• The accused must have intentionally insulted someone.
• The insult should provoke the person insulted.
• The accused must have either intended or known that such provocation would cause the person insulted to break the public peace or commit an offence.

Example

For example, X intentionally abuses Y involving the chastity of his mother and sister, knowing that such an insult is likely to provoke Y to cause a breach in public peace. Even if Y does not act upon such provocation, X has committed an offence under Section 504, IPC.

When Can a Person be Held Guilty Under Section 504, IPC?

For a person to be held guilty for the offence under Section 504, IPC, the prosecution must prove the following:

Nature of the Criminal Act

• The accused must have insulted the victim, with words that cause disrespect or humiliation.
• The insult must have provoked the victim.
• The provocation must have been made with the intention or knowledge that it would cause the victim to break public peace or commit an offence.

Nature of the Criminal Mind

The accused must have acted with the deliberate intent to provoke and insult the victim. This includes evaluating the context, background, and circumstances of the insult, rather than focusing on the victim’s response.

Co-existence of Criminal Act and Mind

To establish guilt under Section 504, IPC, it is necessary to prove that the accused performed the criminal act (insult) with the criminal mind (intent to provoke), leading to a breach of peace or commission of an offence.

Consult a Lawyer

If you have any legal queries regarding Section 504 of IPC, you can get free legal advice through surakshalegalhelp.

Procedure for Trial under Section 504, IPC

In India, the mechanism for criminal justice delivery follows the criminal trial process as governed by the Code of Criminal Procedure, 1973 (‘CrPC’). The trial under Section 504, IPC follows a series of steps, as outlined below:

1. Investigation - FIR, Arrest, Remand, and Bail

   i) First Information Report (FIR): The criminal procedure begins when the victim or aggrieved person files an FIR, initiating the investigation by the police.

   ii) Arrest: Following the FIR, the police may arrest the accused and present them before a Magistrate within 24 hours.

   iii) Remand/Custody: If more time is required for the investigation, the police can request an extension of the accused’s custody. The Magistrate will decide the type of custody.

   iv) Bail: If the police fail to complete the investigation within the prescribed time (60 or 90 days), the accused is entitled to default bail. The accused can also apply for regular bail during the investigation.

2. Filing of Final Report by the Police

   After completing the investigation, the police file a report under Section 173, CrPC. This report may be in the form of:

   • Closure Report: Filed when there is insufficient evidence, resulting in the accused being released from custody.
   • Charge Sheet: Filed when sufficient evidence exists, leading to the prosecution of the accused in court.

   If a charge sheet is filed, the Magistrate will issue summons or warrants to secure the accused's attendance in court.

3. Plea of Guilty or Not Guilty by the Accused

   After the charges are framed, the accused will be asked to plead guilty or not guilty. If the accused pleads guilty, the Magistrate may convict them. If the accused pleads not guilty, the case proceeds to trial.

4. Evidence for Prosecution

   On the designated date, the prosecution presents evidence to prove the accused’s guilt. This may include oral or documentary evidence, and witnesses may be cross-examined by the defense.

5. Statement of the Accused

   After the prosecution presents its evidence, the accused is given an opportunity to explain the circumstances against them and provide their defense. This statement is recorded under Section 313, CrPC.

6. Evidence for Defense

   The defense is given an opportunity to present evidence (if any). The accused is not required to enter a defense, as the burden of proof lies with the prosecution.

7. Final Arguments

   After all evidence is presented, both parties make final oral arguments. The prosecution argues first, followed by the defense.

8. Judgment

   After considering the evidence and hearing arguments, the judge will pass a judgment. If the accused is found guilty, they will be convicted; if not guilty, they will be acquitted. The judge will also decide the sentence if the accused is convicted, based on various considerations.

Note: The procedure above outlines the general steps for a trial under Section 504, IPC. The trial process may vary depending on the facts of each case and the court's discretion.

Legal Procedures under Section 504, IPC

What is the Procedure for Appeal under Section 504, IPC?

The fundamental principles of appeal under CrPC are as follows:

• An appeal is a creature of statute.
• No inherent right to file an appeal.
• No appeal only against conviction.
• No appeal in petty cases.
• Generally, there is no appeal on conviction on a plea of guilt.

Except for the statutory provisions laid down under the CrPC or any other law for the time being in force, an appeal cannot lie from any judgment or an order of a criminal court. Thus, there is no vested right to appeal, as even the first appeal will be subjected to statutory limitations. The justification behind this principle is that the courts that try a case are competent enough, with the presumption that the trial has been conducted fairly.

However, as per Section 372, CrPC, the victim has a right to appeal against any order passed by the Court under special circumstances comprising of a judgment of acquittal, conviction for a lesser offense, or inadequate compensation.

Appeal Procedures in Courts

Generally, the same sets of rules and procedures govern appeals in the Sessions Courts and High Courts (the highest court of appeal in a state). The highest court of appeal in the country is the Supreme Court, which enjoys the most extensive discretionary and plenary powers in appeals. Its powers are governed by the provisions laid down in the CrPC, Indian Constitution, and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction), 1970.

The law provides a person convicted of a crime the right to appeal to the Supreme Court, High Court, or Sessions Court depending on the circumstances:

• The accused has the right to appeal to the Supreme Court against the judgment of the High Court if the High Court has reversed an order of acquittal by convicting him and sentencing him to imprisonment for life or for ten years or more, or to death.
• A similar right to appeal is granted to one or all accused persons if multiple persons have been convicted in a trial.

However, there are certain circumstances under which no appeal shall lie, as per Section 265G, Section 375, and Section 376 of the CrPC.

What is the Punishment for ‘Intentional Insult with Intent to Provoke Breach of the Peace’ under Section 504, IPC?

Section 504, IPC makes the offence of ‘intentional insult with intent to provoke breach of the peace’ punishable with imprisonment for a term which may extend to two years, or with a fine, or with both.

Can a Police Officer Make an Arrest under Section 504, IPC without Warrant?

No, since the offence of ‘intentional insult with intent to provoke breach of the peace’ under Section 504, IPC is a non-cognizable offence, a police officer cannot arrest a person suspected to have committed such an offence without a warrant from the Court having authority over the area where the offence has been committed (a warrant is a Court order authorizing a police officer to carry out an arrest).

Is the Offence under Section 504, IPC, Bailable?

Yes, the offence under Section 504, IPC is bailable. Bailable offences are those in which the accused has the right to get bail, and the authorities cannot deny this right.

How to Get Bail if Charged under Section 504, IPC?

Since the offence under Section 504, IPC is bailable, an accused arrested in relation to the alleged offence can apply for bail before the Investigating Officer or, if forwarded to the Court of Magistrate, before the Magistrate. Bail in a bailable offence can be granted by both the Court or the Investigating Officer.

Bail in bailable offences is a matter of right, not a favour. The Officer or Court is bound to release the accused on bail if they are prepared to give bail, as per Section 436, CrPC. The accused can be released on a bail-bond or security deposit, which ensures compliance with the conditions of bail.

The Supreme Court has held that as soon as the accused offers to give bail, the police officer or court is bound to release them on reasonable bail terms. A bail-bond is a promise by the accused to comply with the terms of the bail. Bail may also be secured by providing a surety, who guarantees that the accused will appear before the authorities when required.

If you are charged under Section 504, IPC, it is advisable to consult an experienced criminal lawyer to assist with the bail process and legal procedures.

Find the best criminal lawyers in your city for help with bail

Section 504, IPC Legal Information

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