The court established that mere abusive language does not constitute assault or obscenity under IPC Sections 353 and 294(b).

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No.3488/2016 on the file of the Judicial First Class Magistrate Court-III, Thrissur. The above case is charge sheeted alleging offences punishable under Sections 353 and 294(b) IPC .

2. The prosecution case is that, on 03.09.2016, at 1.20 pm, when the 2^nd respondent was discussing about the petition filed by the petitioner in the police station for police assistance to take her father-in-law to his home, the petitioner abused the 2^nd respondent, who is the Sub Inspector of Police, and other policemen therein and deterred them from discharging their official duties. Hence, Annexure A1 FIR is registered. Annexure A2 is the final report. According to the petitioner, even if the entire allegations are accepted, no offence is made out against the petitioner.

3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. Even though notice was issued and served to the 2^nd respondent, there is no appearance for the 2^nd respondent.

4. Annexure A2 is the final report registered against the petitioner. It will be better to extract the relevant portion of Annexure A2:

5. The first offence alleged against the petitioner is under Section 353 IPC . is extracted hereunder:

“353. Assault or criminal force to deter public servant from discharge of his duty.—

Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

6. To attract the offence under Section 353 IPC , assault or criminal force is necessary. Criminal force is defined in Section 350 , which is extracted hereunder:

“350. Criminal force.—Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.”

7. Force is defined in Section 349 IPC . The same is also extracted hereunder:

“349. Force.—A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling : Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described:

First.—By his own bodily power.

Secondly.—By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person.

Thirdly.—By inducing any animal to move, to change its motion, or to cease to move.”

8. Even if the entire allegations in the final report are accepted, there is no criminal force used by the petitioner.

9. Assault is defined in Section 351 IPC . is extracted hereunder:

“351. Assault.—Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Explanation.—Mere words do not amount to an assault. But the words which a person uses may give