Is swearing a crime? Understand from the decision of the Supreme Court when punishment is given and when it is not.

Often people abuse each other in anger on the streets, disputes with neighbors or on social media. There is a common belief that abusing in public is always a crime and can be immediately arrested by the police. But is every abuse really a crime in the eyes of the law? Recently, while giving an important decision, the Supreme Court has made it clear that every abuse or abusive word is not obscene in the eyes of law. The court clarified that merely speaking obscene, vulgar or objectionable language does not automatically invoke the obscenity section of the Indian Penal Code (IPC). Let us understand when abusing becomes a crime and when it does not…

What was the matter?

This entire matter is related to an agricultural land dispute in Tamil Nadu in August 2017. According to the prosecution, a person named Mani had a fight with a family over land. The allegation was that when the complainant came forward to intervene, Mani abused him and used casteist words. After this, Mani brought a weapon from his house and attacked the complainant, due to which his nose was broken.

The lower court had convicted Mani under IPC sections 294(b) (obscenity), 326 (causing grievous hurt), 506(ii) (criminal intimidation) and SC/ST Act. Later the Madras High Court acquitted him from the SC/ST Act, but kept the rest of the sentence intact. Mani approached the Supreme Court against this.

What did the Supreme Court say?

The bench of Justice Sanjay Karol and Justice Vipul M. Pancholi drew an important legal line while hearing this case. The court said…

1. There is a difference between obscenity and indecency

Legally, obscenity does not mean indecency or abusive language. Mere use of vulgar words or abuses, no matter how bad, rude or offensive they may sound, cannot be considered legally obscene.

2. When will Section 294(b) (obscenity) be applicable?

The court said that a word would constitute an offense under Section 294(b) only if it contains sensuality, incites evil lust, and has a tendency to corrupt the listener.

3. Displeasure is necessary in a public place

The Supreme Court said that in this case it was not proved that Mani’s abuses had caused any displeasure to any other person in a public place, which is an essential condition for punishment under this section.

4. Section of threat also removed

The court also removed criminal intimidation (Section 506) and said that merely uttering threatening words during a fight is not enough, but it must be proved that the accused really intended to scare the victim or force him to do something.

However, the Supreme Court found Mani guilty of breaking the nose bone (Section 326), but reduced the sentence to only a fine of ₹50,000 and ‘imprisonment till the rising of the court’. The accused was 70 years old and had health problems.

What does this decision mean for the common people?

The simple meaning of this decision is that if someone abuses you in a minor accident or argument on the road, then you cannot easily file a criminal case of obscenity against him just for abusing you. Courts believe that words uttered in anger or in a fit of passion generally do not amount to a crime.

So is it safe to abuse?

Of course not, this decision of the Supreme Court does not mean at all that you are free to abuse anyone. When circumstances change, abusing can become a serious crime.

• Caste abuses: If the abuse is based on someone’s caste or community, then a non-bailable case can be registered under the SC/ST Act.
• Abusing women: If a man abuses or makes obscene gestures with the intention of insulting the dignity of a woman, then strict punishment can be given under section 509 of IPC (now included in BNS).
• Abuses on social media: If you send abusive or obscene messages to anyone on WhatsApp, Facebook or X, a case of defamation and section 67 of the IT Act can be registered.
• Disturbing the peace: If your abusive language creates a danger of riot or disturbance of peace in a public place, then the police can arrest you immediately.

The Supreme Court’s decision makes it clear that the law does not send people to jail for every abusive word, but it does not mean that indecency is being licensed in a civilized society. Abuse cannot be a part of a civilized society. If it hurts someone’s dignity, especially women or weaker sections, then the bar of law definitely comes into play.

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