SC’s View on Profanity and Obscenity

The Supreme Court has made a surprising observation regarding the social environment. The court stated that abusive language, vulgar language, and foul language are not obscenity unless they have the potential to corrupt or incite violence. For such abuse to be punishable, the conditions under Section 294-B must be met. This means that if such words do not cause discomfort or objection to others in a public place, the abuser will be free. The complainant will have to cite the discomfort caused by the abuse and apply the appropriate section. A petition filed in this regard stated that those using obscene, vulgar, and casteist language should be punished. The lower court stated that such punishment is possible, but only after applying the appropriate section. The truth was that the plaintiffs filed a petition but didn’t invoke the appropriate sections. A defamation charge would have resulted in punishment, but here, the petition was filed under the disturbing atmosphere charge, and the Supreme Court questioned it. It’s true that the accused were ultimately punished, but the Supreme Court cautioned the lawyers that only if the appropriate sections are applied, will the accused be punished. The law, however, states that only if a person is publicly insulted with casteist slurs or abusive language will a case be filed and the accused’s punishment decided. Now, the question here is about applying the appropriate section, but this shouldn’t be taken to mean that the Supreme Court has granted any leniency to abusive language, profanity, or casteist slurs. Abuse is abuse, but you should have seen where it’s aimed. The Supreme Court has upheld the recommendation to punish anyone who is publicly insulted. It should also be noted that in the recent past, many criminals who had been tried for years have escaped the clutches of the law due to the lack of the appropriate section. Therefore, whether new or old, you should have a thorough understanding of the penal code. If a lawyer presents a case using the wrong section, the verdict will take longer, but the accused will be acquitted. This teaches legal experts that it is better to present cases in court after applying the correct section.