September 20, 2013

Daily quarrels happening family? Then read this

IPC Sec. 504 applies when Someone is insulting other to provoke in such a way that peace may be breached.

There were serious quarrels in one family. One part of family went to Magistrate and complained about daily insults and quarrels by other part of family.

Magistrate used powers under Sec 202 of Cr.PC and took cognisance of offence under IPC 504 and issued summons to other part of family.

Matter came up to Supreme Court.

Supreme Court confirmed order of Magistrate and said such complaints need not contain actual words of insult or all details. It is enough if Magistrate feels that such offence may have been made.

For details see 2013(10) SCALE 535, and on Supreme Court Website :Criminal Appeal No. 1231 of 2013 order dated 22/8/13

Haresh Raichura
20/9/13