Calling Someone 'Bas**rd' Not Offence Of Obscenity Under S.294 IPC : Supreme Court

The Supreme Court on Monday (April 6) observed that mere abusive or vulgar language, without a sexual or prurient element, does not constitute an offence of obscenity under Section 294 of the Indian Penal Code.

A bench of Justice PS Narasimha and Justice Manoj Misra set aside the conviction of two accused under Section 294(b) IPC, who had allegedly used the word “bastard” during a heated altercation arising out of a family property dispute.

“…mere use of the word 'bastard', by itself, is not sufficient to arouse prurient interest of a person. More so, when such words are commonly used in modern era during heated conversations. We are, therefore, of the view that conviction of the appellants for offence punishable under Section 294(b) IPC is not sustainable and is hereby set aside.”, the Court observed.

The term 'Obscene' is undefined in the penal code, however in Apoorva Arora & Anr. v. State (Govt. of NCT of Delhi) & Anr., the Court said that “Obscenity relates to material that arouses sexual and lustful thoughts, which is not at all the effect of the abusive language or profanities that have been employed in the episode.”

Reiterating the law laid down in Apoorva Arora (supra), the judgment authored by Justice Misra said that mere use of abusive language without the presence of a sexual element would not amount to doing an act of obscenity.

“…vulgarity and profanities do not per se amount to obscenity. While a person may find vulgar and expletive-filled language to be distasteful, unpalatable, uncivil, and improper, that by itself is not sufficient to be “obscene”.”, the Court quoted the observation from Apoorva Arora (supra).

Cause Title: SIVAKUMAR VERSUS STATE REP. BY THE INSPECTOR OF POLICE (with connected case)

Citation : 2026 LiveLaw (SC) 329

Click here to download judgment

Appearance:

For Appellant(s) Mr. S. Nagamuthu, Sr. Adv. Mr. M.P. Parthiban, AOR Mr. Ankur Prakash, Adv. Mrs. Priyanka Singh, Adv. Mr. Bilal Mansoor, Adv. Mr. Shreyas Kaushal, Adv. Mr. S. Geyolin Selvam, Adv. Mr. Alagiri K, Adv.

For Respondent(s) Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv. Mr. Siddhant Singh, Adv. Mr. Danish Saifi, Adv.