To establish peace and harmony in society, the legal system of India has given various laws intending to provide and maintain peace and prosperity within the society.
In Section 504 of the Indian penal code 1860, the concept of public tranquility has been mentioned.
This Section deals with the list of offenses and the punishments which are subject to these criminal offenses. Offenses related to Section 504 IPC are subject to legal consultation under an expert.
What are Public peace and Tranquility?
- Under Section 504 IPC (Indian penal code), offenses against public tranquility and peace are mentioned.
- Public tranquility is a group of people or people who indulge in an activity that is likely to cause or is causing a disturbance in maintaining peace and harmony within the society.
- Section 504 IPC deals with the punishments and offenses against the people who are indulged in an activity that causes disturbance of such nature.
Explanation of Section 504 IPC
- Section 504 of the I.P.C. says that any person who is indulged in an activity of intentionally or deliberately insulting or provoking any other person or commits any such act which is likely to cause the other person to get provoked,
- resulting in the breach of the public peace, then this person shall be punished with imprisonment and fine or both. 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.
Ingredients of Section 504 IPC
- To prove that a person has committed an offense under section 504 IPC, several essential ingredients have to be fulfilled to make a person liable under this offense. These ingredients are
- 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.
- The knowledge of the result of such provocation and insult should already be there in the mind of the accused.
- So the knowledge and the intention of the provocation should be there in the mind of the accused which should be co-related with breaking the public peace and harmony. This is also a secondary ingredient essential for completing the commitment of an offense 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.
What is the nature of section 504 IPC?
The offense against public tranquility is an offense that is non-cognizable, which means that
- if an individual has committed any offense under section 504 IPC, then the police officer does not have any power to arrest him without a warrant,
- on the other hand, the police officer has to take permission from the court to arrest the accused under section 504 IPC.
- Offenses against section 504 IPC are bailable; these offenses are not considered grave.
What is the procedure for the offense under section 504 IPC?
- Filing of an F.I.R. under Section 504 IPC A first information report has to be filed after the Police arrest the accused, and he has to be produced in front of the magistrate’s court within 24 hours.
- Report by Police A final report after the completion of the Investigation done by the Police of the offense is submitted as a chart sheet. The magistrate takes cognizance of the matter; however, the court also has the power to reject the charge sheet filed by the Police in case the court doesn’t find it useful.
- Prosecution If the prosecution will be satisfied with the evidence and the material of the facts presented in the case then the court will further allow both parties to go into a cross-examination.
- Arguments by both sides In this, both sides will present their side of arguments which will be thoroughly discussed and interpreted in the court.
- Judgment by court Finally, after all the proceedings, the judgment will be given by the court which will be based on various essentials which have been discussed.
The offenses under Section 504 IPC are dealt with with the help of legal consultation. The offenses under this category are due to the intentional provoking of the other person to create nuisance and disturbance in the public peace and harmony. The people involved in the crime under Section 504 IPC have to go through two years of Imprisonment or a fine or both depending upon the nature of the crime.