BACK TO SECTIONSAIR 1959 SC 798
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.
Landmark Precedents
Balakrishna Pujari v. Shree Dnyaneshwar Maharaj Sansthan (1959)
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.