S. I., Police V. Wijesekere

Present : Koch J.

S. I., POLICE v. WIJESEKERE.

701-P. C. Badulla, 19,524.

Insult-Abuse intended to be provocative-Elements of offence-Penal Code, s. 484.

Abuse is not punishable under section 484 of the Penal Code unless the person abusing gives provocation, intending or knowing it to be likely that such provocation will cause the person provoked to break the peace or to commit any other offence.

APPEAL from a conviction by the Police Magistrate of Badulla.

S. Nicholas, for accused, appellant.

Cur. adv. vult.

November 13, 1935. KOCH J.-

I have not had any assistance from the respondent in this appeal. The appeal is from a conviction under section 484 of the Penal Code for intentionally insulting and giving provocation to a Sub-Inspector of Police. The appellant was fined Rs. 25. The appeal is based on a point of law.

Now, the law requires that the insult must be provocative and intended by the accused, and further that it must be established that the accused intended or knew it to be likely that such provocation will cause the party provoked to break the public peace or commit any other offence.

The language used by the accuse

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