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IPC 1860REPEALED

Section 504

Intentional insult with intent to provoke breach of the peace

Replaced by: BNS 352

BailableCognizable: Non-CognizableAny Magistrate
THE STATUTE

Original Text

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.

Simplified

Section 504 targets 'fighting words' — deliberate insults so severe they are likely to make the other person react violently, disturbing the peace. The provision punishes the provoker, not the person provoked. The insult must be intentional and of a nature that is 'likely' to cause the person to break the peace or commit another offence. Not every insult — only those calculated to provoke violent reaction — attracts this provision. Commonly used in neighbourhood disputes, caste-related insults designed to provoke fights, and situations where deliberately humiliating language is used to incite disorder.

Legal Evolution

Section 504 on intentional insult provoking breach of peace reflects the IPC's dual concern with individual dignity and public order — punishing insults not for their intrinsic offensiveness but for their tendency to provoke violent retaliation. The two-year maximum has made it a commonly charged offence in altercations and verbal disputes. Courts have required proof of both intentional insult and a reasonable apprehension that the insult would provoke a breach of peace, not merely that the victim was offended.

Landmark Precedents

Balakrishna Pujari v. Shree Dnyaneshwar Maharaj Sansthan (1959)

AIR 1959 SC 798
RELEVANCE

Section 504 requires intentional insult calculated to provoke a breach of peace — the insult must be of a nature likely to cause a reasonable person to react violently.

Practical Scenarios

"Shouting filthy and provocative abuses at a neighbour in the street to start a fight — Section 504."
"Using highly offensive casteist language at a person in public to provoke a scuffle — Section 504."

Common Queries

No — the insult must be intentional and of a nature that is 'likely' to cause the person to break the peace or commit another offence.