The offences referred to in this article are not recognizable, i.e. offences for which a police officer cannot arrest a person without an arrest warrant and judicial authorization must be obtained. False statements, rumors, etc., with the intention of creating enmity, hatred or wickedness between different classes. The case is then taken to court, where both parties are heard by their lawyers and the verdict is announced. To understand this section, we must first correctly understand the word „insult.” It does not contain the words we use in everyday life. The purpose of this section is to prevent a person from using such offensive language or to provoke someone to say such words that can cause a break in the peace. This section shows how a person may be deliberately induced to commit a crime of a criminal nature that may affect the public peace as a whole. In determining whether or not the offensive language in question falls within the scope of IPC 504, the court must determine what the effects of the offensive language used under normal circumstances would be and what would happen if the complainant had used those words or taken action because of his cold temperament or sense of discipline. It is the ordinary general nature of offensive language that is the test for determining whether the offensive language is a deliberate insult likely to cause the offended person to breach the peace, not the particular behaviour or temperament of the complainant. In this case, the complainant was the Divisional Commercial Superintendent of the Western Railway during an investigation at Kandala Station who lost his temper and uttered insulting words against Mangal Das Chiman Lal Barot (the Deputy Station Master).
He filed this complaint under section 504 of the Indian Criminal Code of 1860. The Public Prosecutor`s Office was unable to prove the constituent elements of the offence under Article 504 of the ICC. The mere pronunciation of words under this section does not constitute an insult. The elements of this article are that there should be a deliberate insult and that such an insult must constitute a provocation to any person and that he must know that such a provocation will lead to the violation of the public peace or to a criminal offence. The purpose of Article 504 of the ICC is to prevent the deliberate use of offensive language, which amounts to insult and leads to provocations that lead the person against whom such words are used to commit a breach of the peace. This section shows how one person can provoke another person to commit a crime of a criminal nature that can also affect the public peace as a whole. Intent to insult is a matter of fact, not law. It depends on a case-by-case basis or from one situation to another. Such an insult should be a provocation to break the public peace. For example, if there is an insult that involves the chastity of the mother or sister (i.e., a woman), it falls under Article 504 of the ICC. A 504 team will be formed that could include parents, teachers, social workers, a section 504 coordinator, a school psychologist, a school administrator or others familiar with the child, assessments and school resources. This team identifies students` needs based on data and information from a variety of sources.
Any insult cannot be described as a deliberate insult. For example, the simple lack of good manners and informal conversations between friends. B. R Meena v/s Mangal Das Chiman Lal Barot und ein anderen, 1987. In order to bring an action under that article, it would be necessary to decide whether or not the use of such words led to a deliberate insult. A person may not be held liable under this section unless an insult has been intended. Now, the main question is how to determine whether the insult was intentional or not? Any case of offensive language must be decided on the basis of the facts and circumstances of that case, and it cannot generally be said that no one commits an offence under Article 504 of the CPI if they simply use offensive language against the complainant In our daily lives, we also hear many words that are offensive in nature, but that we ignore in one way or another. to administer them, but in cases where a person intentionally uses offensive or offensive words to humiliate or provoke a person, it is said that he is committing a crime within the meaning of Section 504 of the Indian Penal Code. In order to prove a criminal offense under this article, the following must be proven: According to § 504, schools operated by the BIE are responsible for finding and providing accommodations and services to eligible students with disabilities. The IEO has developed a national policy memorandum to provide its staff with advice and information on its responsibilities under section 504 to students, parents and other educational service providers.