LI Network
Published on: October 14, 2023 at 22:57 IST
The Kerala High Court has ruled that using abusive language while speaking to the police over the phone does not constitute an offense of obscenity under Section 294(b) of the Indian Penal Code (IPC).
This judgment came as the court quashed a criminal case filed against a 51-year-old woman who was accused of using abusive language when conversing with a Station House Officer over the phone.
Justice PV Kunhikrishnan made this determination, stating that even if the allegations in the final report were accepted, the offenses under Section 294(b), Section 506(i) of the IPC, and Section 120(o) of the Police Act were not established in this case.
The case against the woman stemmed from her communication with the Station House Officer of Alappuzha North Police Station. The police officer alleged that the woman used abusive language during three phone calls made to him.
The charges against the woman included offenses under Sections 294(b) (involving obscene language in or near a public place), and 506 (criminal intimidation) of the IPC, as well as Section 120(o) of the Police Act.
However, the woman contended that the case was false and that she had contacted the police official to inquire about a noise pollution complaint she had previously lodged. She also claimed that the police officer had verbally abused her when she sought an update and subsequently filed a complaint against him.
Justice Kunhikrishnan referred to the case of James Jose v. State of Kerala to emphasize that even if the allegations were true, the woman’s actions and language over the phone did not amount to obscenity under Section 294(b) of the IPC.
The High Court further expressed the opinion that the criminal case was likely registered against the woman in retaliation for her complaint against the police official. Consequently, the court quashed the case and instructed the District Police Chief to investigate how the criminal complaint was filed against the petitioner.
Court stated, “In the normal course, such an incident is unbelievable in our society. Citizens always respect the police authorities. Therefore, the District Police Chief should conduct an inquiry about the registration of this case against the petitioner, and if there is any wrongdoing on the part of the defacto complainant, appropriate steps should be taken in accordance with the law.”
