If old lady 75 Plus years out of mental stress, stigma and depression speaks out to daughter or other women that you are childless and will be infertile and curses them, does audio recording of the old lady speaking invokes what all section against her ?
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File case under section 504 of IPC for acts endangering peace
2) Imprisonment can be up to 2 years and a fine as per the facts. Under section 504 IPC, the person who indulges in the activity of provoking another person or insulting to provoke the other person shall be punished under this Section only.
- Under IPC , abusive remarks, encompassing harsh language and slang, can degrade a person's dignity and are, therefore, regarded as insults under Section 504.
- Further, a senor citizen woman is also not above of law , and a complaint against her can be file before the police
- Further, as per Section 65A of the Indian Evidence Act, 1872 , The contents of electronic records may be proved in accordance with the provisions of section 65B.
- Further, Audio recordings are admissible as evidence, if they appear to be trustworthy, genuine and have been corroborated by other evidence.
With regard to your response , any subject usage of word, if not made in public then IPC 504 is applicable? If DIL (Daughter in Law) provokes MIL (Mother in Law) and in response if DIL uses such curse at private residence not in public then is it applicable? And if curse is given but without taking the name of person , still it applies? what are the remedies to safeguard the MIL ? where name of the DIL https://www.ezylegal.in/blogs/all-about-the-concept-of-public-tranquility-under-section-504-ipc What is an insult under section 504 IPC? Verbal disrespect is considered an insult. If any person is found to be disrespecting the other person to cause his insult, which is going to or is likely to cause a breach of public peace and harmony as mentioned under section 504 IPC. For this Section, any use of words that could offend someone is considered an insult. Abusive remarks or harsh language comprised of slang are sufficient to cause a person’s dignity to be despised, as mentioned under Section 504 IPC. It is a pretty common scenario in which two people quarrel with one another and then one of them begins using abusive words against the other. A simple unpleasant way of addressing someone or informal conversations between friends are not considered offenses under this Section 504 IPC. If a person uses abusive words towards another person but does not intend to provoke him to breach the public peace, he will not be charged with the offenses as per section 504 IPC.
Mother in law should deny the allegations made by daughter in law
2) There must be an intention in the mind of the accused to insult or provoke the other person. The intention of the accused person should be of such a nature that it is likely to insult and provoke the other person thus the nature of the intention matters.
3) The accused has the knowledge that such provocation would cause the person to break the public peace or under the influence of which, he can commit some other offence.
4) Any use of words by which someone can be offended is enough to constitute insult for the purpose of this Section. The abusive words or harsh language consisting of slang are sufficient to cause the contempt of the dignity of a person. It is a very general scenario where two individuals argue with each other and subsequently one of them starts using abusive language against the other one. This act is sufficient to charge that person under Section 504 who uses such language intentionally, as it constitutes insult according to the said provision.
Section 294 of the Indian Penal Code lays down the punishment for obscene acts or words in public.
Whoever, to the annoyance of others; (a) Does any obscene act in any public place, or. (b) Sings, recites or utters any obscene song, ballad or words, in or near any public place, Shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
However, he Supreme Court has held that the availability of content that contains profanities and swear words cannot be regulated by criminalizing the same as obscene.
Therefore the cursing may not be an offence and the police or court may not entertain any such complaint.
If there are ingredients sufficient to prove the defamatory acts then the aggrieved can file a defamation case under section 500 ipc
If it is a verbal spat between MIL and DIL and the insults hurled against each other then the aggrieved can file a domestic violence case against the other person
Yes verbal is insult but you need to make out the ingredients of that section
Dear Client,
In India, the use of abusive language or cursing can potentially invoke certain sections of the Indian Penal Code (IPC), depending on the nature and context of the words used. If the language used by the elderly lady is considered abusive or insulting with the intent to provoke a breach of peace, it could fall under:
Section 504 IPC: This section deals with intentional insults with the intent to provoke a breach of peace. If the cursing is intended to insult and provoke someone to the point where it could cause a disturbance, this section may be invoked.
Section 294 IPC: This section pertains to obscene acts and songs in public places. If the cursing is considered obscene and causes annoyance to others, it could be considered under this section.
However, it’s important to note that the context and intent behind the words are crucial. The mental state of the person, especially if they are under mental stress, stigma, or depression, as well as the relationship between the parties involved, could be significant factors in determining whether legal action is warranted.
In the scenario described, if the elderly lady is expressing her distress and not intentionally trying to provoke or insult, it might not necessarily lead to legal action. The courts may consider her age, mental health, and the familial context before deciding on the applicability of these sections.
It’s also worth mentioning that legal action in such sensitive family matters is often seen as a last resort, and mediation or counselling might be recommended to address the underlying issues.
- No, it is not applicable in case of provocation by DIL
- MIL can lodge a compliant against DIL for the offence of harassment under the same provision of DV Act , which is also applicable in case of DIL as well.
- There must be witness and merely a complaint for lodging FIR is not enough.