Indian Penal Code, 1860
Section 504
repealedIntentional insult with intent to provoke breach of the peace
Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Why this exists
This provision addresses insults that are deliberately designed to provoke a violent or unlawful reaction from the person insulted. It is not about ordinary rudeness or hurt feelings, but about intentional insults calculated or likely to push someone into breaking public peace or committing an offence, protecting both public order and the person who might otherwise be goaded into unlawful conduct.
How courts read it
Courts have held that mere abusive language, without evidence that it was intended or likely to provoke a breach of the peace or an offence, does not satisfy this section; the provocation and the intended reaction are essential elements the prosecution must prove.
Common misconceptions
- Myth: Any rude or offensive comment is punishable under this section.
Fact: This section requires that the insult was intended or likely to provoke the other person into breaking the public peace or committing an offence, not just causing hurt feelings.