April 29, 2019:
On Monday, the Supreme Court has held that abusing a person with filthy language alone does not constitute the offence of criminal intimidation.
“The threat must be with intention to cause alarm to the complainant to cause that person to do or omit to do any work. Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of this section,” a Bench comprising of Justice Ashok Bhushan and Justice K.M. Joseph said in a judgment on April 26.
Justice Bhushan observed that the “intentional insult must be of such a degree that it should provoke a person to break the public peace or commit any other offence.”
“The mere allegation that the appellant came and abused the complainant does not satisfy the ingredients [of criminal intimidation],” the court said.
The Bench was hearing an appeal filed by an insurance claim surveyor in Uttar Pradesh, who was accused of criminal intimidation by a factory owner in Mathura district.
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