The Supreme Court ruled that the use of abusive or obscene language in itself does not constitute an offense of obscenity under Section 294 of the Indian Penal Code-IPC. The Supreme Court made it clear that in the eyes of the law, obscenity is different from indecency, abusive language or abusive words. For this, it is necessary to prove that the words are sensual, incite sensual desires and have a tendency to spoil or corrupt the weak mind and brain.
The bench of Justice Sanjay Karol and Justice Vipul M Pancholi made the remarks while partially allowing the appeal of a 70-year-old Tamil Nadu man convicted in a case related to a land dispute.
Supreme Court The court quashed his conviction under IPC sections 294 (b) (uttering obscene words in a public place) and 506 (2) (criminal intimidation), while upholding his conviction under IPC section 326 for intentionally causing grievous hurt by a dangerous weapon.
Every abusive language is not within the scope of IPC 294.
Keeping in mind the age, health condition of the appellant and the fact that the incident was related to a land dispute, the court changed the sentence to imprisonment till the rising of the court and directed him to pay a fine of Rs 50,000.
The prosecution alleges that during an argument over a land dispute in August 2017, the Appellant abused the Complainant in obscene language and attacked her with a billhook, causing multiple injuries, including a broken nose.
The trial court convicted him under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, but the Madras High Court later acquitted him of offenses under the SC/ST Act, while upholding his conviction under sections 294(b), 326 and 506(2) of the IPC.
On this, the Supreme Court said that the prosecution will have to prove two essential conditions. Firstly, that obscene words were uttered in or near a public place and secondly, that such words caused trouble to others.
Difference between obscenity and abuse, Supreme Court explained the law
Explaining the difference between obscenity and obscenity, the bench said that legally obscenity does not mean lewdness, abusive language or use of abusive words. Mere use of profanity, swear words and obscene language, no matter how bad or crude they may be, cannot be considered obscenity.
The Supreme Court said that words which are merely abusive or derogatory may cause disgust, hatred or surprise, but that alone does not make them obscene in the eyes of the law. To make out a case under Section 294 of the IPC, the words must be sensual, inciting sensual feelings and capable of corrupting or perverting those who hear or read them.
The Supreme Court also found that in this case there was no evidence that what was said had caused distress to others in a public place, which is a necessary condition for this offence.
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