'Nalayak' Widely Used In Everyday Speech, Not Necessarily Obscene Or Intentional Insult: MP High Court Quashes FIR Against Former Minister

The Madhya Pradesh High Court has quashed an obscenity and intentional insult FIR registered against a former Cabinet Minister, observing that the term "Nalayak" is commonly used in everyday speech and the word by itself does not attract liability under for the offences under the Indian Penal Code. The bench of Justice Himanshu Joshi held, "It is a matter of common experience that expressions such as “nalayak” and similar colloquial words are widely used in everyday speech across the country and, depending upon the context, may not necessarily carry the intention to humiliate or abuse a particular individual. Criminal liability cannot be fastened merely on the basis of such expressions unless the statutory ingredients of the offence are clearly established". A petition was filed seeking the quashment of the chargesheet registered under the obscene acts and songs in public places (Section 294) and intentional insult (Section 504) of IPC, and consequential proceedings pending before the Court of Judicial Magistrate of Singrauli. According to the prosecution, on July 23, 2021, a protest rally was organised by the Indian National Congress regarding rising inflation. It was alleged that when the memorandum was submitted before the District Administration near the Collectorate, the petitioner, who is a former Cabinet Minister, used improper and unparliamentary language against the Collector and District Administration. Subsequently, on the directions of the Sub Divisional Magistrate, an FIR was registered, and after investigation, chargesheet was filed. The counsel for the petitioner contended that the ingredients of Sections 294 and 504 were absent and that the FIR also failed to specify any exact abusive words allegedly used by the petitioner. The counsel for the petitioner also argued that the alleged words were used against the functioning of the District Administration in the context of public protest. The court noted that Section 294 governs punishment for obscene acts or utterances in a public place annoying others. In the present case, the court noted that the derogatory expression used may be considered derogatory in certain contexts but cannot be automatically categorised as an obscene expression. The bench noted that expressions including the phrase 'nalayak' are widely used in everyday speech and can be derogatory depending on the context, but may not necessarily carry the intention to humiliate or abuse a particular individual. The court further noted that the alleged remarks were made during a political rally and were allegedly directed against the functioning of the administration. The bench further held that,"Mere criticism or use of harsh words against an administrative authority during a political protest, without any material to show deliberate provocation intended to incite breach of peace, would not constitute the offence under Section 504 IPC". The bench observed that despite the alleged incident having occured in a public place, no independent witness was cited in the prosecution's case. It was also observed that the FIR was lodged by a Patwari on the directions of the Sub Divisional Officer.Therefore, the court held that the allegations made against the petitioner do not prima facie disclose the commission of the alleged offences. Thus, the petition was allowed, and the FIR was quashed. Case Title: Bansh Mani Verma v State of Madhya Pradesh [MCRC-55648-2024]For Petitioner: Advocate Praveen Dubey For State: Government Advocate Priyanka Mishra Click here to read/download the Order

'Nalayak' Widely Used In Everyday Speech, Not Necessarily Obscene Or Intentional Insult: MP High Court Quashes FIR Against Former Minister

Jayanti Pahwa

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