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.
Understanding the section
Section 504 of the Indian Penal Code (IPC) covers situations in which an individual insult another individual in order to incite that person to break the peace or commit an offence. In this section, the focus is less on the insult, and more on the nature of the insult that might reasonably cause the provocation that may result in a breach of peace or an offence being committed. This section is relevant because it reduces the potential for quarrels, fights, and violent incidents that may happen as the result of insults or abusive language used in public or a private.
Essential Elements
- Intentional Insult: The accused party must have intentionally insulted a person. The insult can be verbal, written, or even gestures.
- Provocation: Provocation must exist, in which the insult is provoked was such nature it is likely to provoke the other person.
- Knowledge or Intent: The accused intended or knew; the provocation was likely to cause the person to breach public peace or commit an offence.
- Likelihood of breach of peace: There must be proof showing the insult has tendency to incite the person insulted to breached of peace or commit an unlawful act.
Punishment under Section 504 IPC
- Imprisonment for term of 2 years, or
- Fine, or
- Both.
This indicates the gravity of the offence because it infringes on public order and peace.
Illustrations
- ‘A’ insults B in a crowded market, declaring B as a thief, intending to provoke B into committing assault. If B reacts and assaults A, A shall have committed an offence under Section 504 IPC.
- ‘A’ types an insulting letter to B, knowing that it will provoke B to inflict violence upon him. This is an offence under Section 504 IPC.
- ‘A’ crudely spits on B in front of others intending to provoke B to threaten him. This will constitute section 504 IPC.
Thus, Section 504 IPC acts as a safeguard against conduct that does not amount to use of violence, yet has the potential to stimulate a violent response or breach the peace through intentional conduct causing insult.