Bombay High Court: Mere abusive words alone are not enough to constitute offence under Section 294 IPC

The Bombay High Court held that merely using abusive, filthy, or derogatory language does not attract Section 294 IPC unless it is obscene, used in a public place, and causes annoyance to others.

Justice M.M. Nerlikar quashed the lower court’s refusal to discharge the accused, noting the charge-sheet did not establish public annoyance or obscene content.

The petitioner had damaged property worth around ₹1 lakh and abused the school principal, but the Court emphasized that both “obscenity” and “annoyance in or near a public place” are essential ingredients for liability under Section 294.

[Amit Ashok Jagdale v. State of Maharashtra]