Section 504 of the IPC- intentional insult with intent to provoke breach of peace
In the High Court of Judicature at Madras
Reserved on :
10.7.2023
Delivered on :
14.7.2023
Coram :
The Honourable Mr.Justice N.ANAND VENKATESH
Crl.O.P.(MD) Nos.11494 & 12163 of 2018
Crl.O.P.Nos.5099 of 2019 & 6211 of 2021 &
all connected pending Crl.M.Ps.
S.Ve.Shekher ...Petitioner in
all the Crl.O.Ps.
Vs
1.Al.Gopalsamy, President,
17. The final report filed in Cr.No.148 of 2018 on the file of the
Inspector of Police, Cyber Crime Cell, Central Crime Branch, Chennai
has been taken cognizance by the Special Court for various offences
including the one under Section 504 of the IPC.
18. Section 504 of the IPC deals with intentional insult with
intent to provoke breach of peace. To attract this provision, the
following ingredients must be satisfied and they are as follows :
(a) the accused insulted some person;
(b) he did so intentionally;
13/23 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.11494 of 2018
etc. cases
(c) he thereby caused provocation to some person; and
(d) he intended or knew it to be likely that the provocation will
cause him to break public peace or commit any other offence.
19. In the instant case, the message that was forwarded by the
petitioner did cause insult to the journalists and more particularly the
women journalists and it did provoke to break public peace since, after
the message was circulated in the social media, there was a
demonstration in front of the house of the petitioner and there was
some violence. The same was pleaded by the petitioner in the quash
petitions. Hence, prima facie, the offence under Section 504 of the IPC
is made out.