Ingredients Of Section 504 Must Be Satisfied, Allahabad HC Holds

The Allahabad High Court recently held that abusive language devoid of basic ingredients of offence under Section 504 of the Indian Penal Code 1860 will not attract the provision.

Bench comprising Justice Vikram D Chauhan heard an application under Section 482 of the Criminal Procedure Code 1973 seeking setting aside of a summoning order issued by Judicial Magistrate.

The allegations against the proposed accused persons as per the complaint were that they stole the goat of the complainant and when the complainant went to their house, they started abusing and threatening the complainant.

The counsel for the accused persons (Petitioners) submitted that there was no recovery of goat, hence offence under Section 379 of IPC could not be made out. Further, he said, that offence under Section 504 IPC could also not be made out.

The Court, while discussing the power under Section 482 CrPC, said that, "Exercise of inherent power is available to the Court to give effect to any order under CrPC, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. This being the position, exercise of power under Section 482 CrPC should be consistent with the scope and ambit of the same in the light of the decisions aforementioned."

On the offence of theft, the Court said that, "On the face of the allegations the removal of the goat without the consent of the complainant is with dishonest intention and no explanation has been offered by the applicants with regard to any bonafide claim, right or interest in the goat in question. Under the circumstances prima facie the offence under section 379 IPC is made out against the applicants."

The Court, however, reasoned that offence under Section 504 was not made out and partly allowed the plea. The Court said that the Trial Court could move forward with Section 379 and 506 of IPC as they were prima facie made out.