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The Supreme Court has held that merely abusing
in filthy language does not constitute criminal intimidation under the Indian
Penal Code (IPC).
The judgement came in the backdrop of an appeal
filed by an insurance claim surveyor in Uttar Pradesh, who was accused of
criminal intimidation by a factory owner in Mathura district.
Criminal Intimidation and punishment for
criminal intimidation are defined under Section 503 and 506 of the IPC.
According to Section 503, criminal intimidation
is when a person threatens another with any injury to his person, reputation or
property, or to the person or reputation of any one in whom that person is
interested, with intent to cause alarm to that person. Intimidating a person to
do any act which he is not legally bound to do, or to omit to do any act which
that person is legally entitled to do, as the means of avoiding the execution
of such threat also amounts to criminal intimidation.
The Supreme Court has observed that mere
expression of any words (e.g. Use of filthy languages) without any intention to
cause alarm does not amount to criminal intimidation.
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