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...Code with a plea that the matter has been settled and that in view of the allegation of offence under Section 294(b), the petition for compounding could not be filed before the trial court.2. Having gone thro...no mention about obscene words. In the above circumstance, I find that, in fact, no offence under Section 294(b) is made out. Allegation that obscene words were uttered would not make out offence ...) of the Indian Penal Code. The so called obscene words uttered should be stated in the charge sheet so as to enable the Magistrate to go through and see whether offence under Section 294(b...
...examined.(iii) There is no evidence to prove the ingredients of the offence under Section 294 I.P.C, viz., uttering of obscene words to the annovance of others...prove the offence under Section 294 I.P.C mere utterance of absence words are not sufficient, but there must be a further proof to establish that it was to the annoyance of...1991, in respect of the offence under Section 294 I.P.C2. According to the prosecution, on 11.6.1990 at 7.00 p.m while P.W 1 Jaya Ramanujam was sitting in...
....4. Section 294 of the Indian Penal Code reads as follows:“294. Obsence acts and songs Whoever, to the annoyance of others—(a) does any Obsence act in any public place, or...extend to three months, or with fine, or with both”.5. In order to constitute an offence under Section 294(b), the accused must sing, recite or utter any obscene song, ballad or words, in...or near nay public place. The question is whether the words allegedly uttered by the accused would constitute obscene words.6. Tn P.T Chacko v. Nain...
..., the learned counsel further submitted that none of the offences are made out. There is no allegation that any obscene words were uttered to the annoyance of others. The alleged offence under Section 294(B...do not attract the offence under Section 294(b) IPC as the words uttered by the petitioner cannot be said to be obscene. In order to attract the offences under Section 294(b) IPC, the ...reiterated that in order to attract the offence under Section 294(b) the words uttered ought to be obscene is as follows:-
" It has to be noted that in...
....
7.However, this Court finds that the only allegation as against A4 who is the wife of A3 is that she had committed the offence under Section 294(b) IPC. The allegation is that she abused the defa...Another Vs. K.Lalitha reported in 2022 LiveLaw (SC) 844, had held that in order to constitute the offence under Section 294(b), the words uttered must be ..., the absence of words which will involve some lascivious elements arousing sexual thoughts or feelings or words cannot attract the offence under Section 294(b). None of the records disc...
...report before the Judicial First Class Magistrate Court-II, Ernakulam.3. Section 294(b) of IPC reads thus:“294. Obscene acts and songs.-- Whoever, to the annoyance of others--(b) sings...accused uttered obscene words is not enough to constitute an offence under Section 294(b) of the IPC and that it is necessary to state the words uttered by the accused.6. On a perusal of...Annexure A2, it would reveal that none of the ingredients under Section 294(b) of the Indian Penal Code is attracted. The vague allegation or general statement that there was utterance of obscene ...
...submit that the allegations in the impugned final report would not attract any of the offences charged. For the offence under Section 294 (b) IPC, it is to be established that the words uttered were obscene and....
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7.Even accepting the above allegation as true, the said act would not constitute the offence under Section 294(b) IPC. The Hon'ble Supreme Court...sexual thoughts or feelings or words cannot attract the offence under Section 294(b). None of the records disclose the alleged words used by the accused. It may not be the requirement of law to...
...Cheetapar. It is alleged that the respondents used obscene words and threatened Mohit Das, Seetaram and Rajkumar and assaulted them. All the three complainants and other witnesses are not able to say as to what were the ...the prosecution, it is not established that any obscene words were used by the respondents. The essence of the crime under Section 294 of the IPC consists in creating a public nuisance which because of...its gravity being of a public nature may endanger public peace. In order to bring home the guilt of the accused for an offence under Section 294 of the IPC the prosecution has to establish that the words uttered were ...
.... The prosecution case is that they formed themselves into an unlawful assembly, uttered obscene words, threatened the informant and put up flux boards making defamatory statement. The proceedings are sought to be quashed o...is not attracted because the obscene words allegedly uttered by the petitioners are not disclosed in the materials produced by the prosecution. Section 506 IPC also is not...the Judicial First Class Magistrate Court-II, Nedumangadu. They charged with having committed the offences under Sections 143, 147, 294(b), 500 and 506 r/w Section 149 IPC...
...." 5.As regards the offence under Section 294(b) IPC, the Hon'ble Supreme Court in N.S.Madhanagopal and Another Vs. K.Lalitha
reported in ...in the instant case, the absence of words which will involve some lascivious elements arousing sexual thoughts or feelings or words cannot attract the offence under Section 294(b). None of the ...in the instant case, there is hardly anything on record. Mere abusive, humiliating or defamative words by itself cannot attract an offence under Section 294(b) IPC. To prove the offence under ...
...cognizable is the offence under section 294(b) IPC. I have perused the First Information Statement which has been marked as Annexure-III. The obscene words allegedly uttered by the petitioner do not find...a place in the statement. So section 294(b) IPC is not attracted. The other offence is non-cognizable. Since the F.I. Statement does not disclose commission of a cognizable offence. The police should...under sections 294(b) and 506 IPC. The proceedings are sought to be quashed on the ground that the registration of the case and investigation into it were illegal.2. Heard the learned...
...that the offence under Section 294(b) IPC is alleged, there is no mention about any obscene word uttered by the accused. It is simply stated that the accused uttered obscene words. Mere statement in...the final report that the accused uttered obscene words would not make out any offence under Section 294(b) IPC. Therefore, no offence under Section 294(b) IPC is made out. The trial court should ...Sections 323, 341 and 294(b) read with 34 of the Indian Penal Code. The plea is that matter has been settled between the parties. But, the offence under Section 294(b) IPC is not compoundable...
...passersby in filthy language. This Court has repeatedly held that in order to constitute the offence under Section 294 (b) of the IPC, the words or actions of the accused must be obscene and must have...sexual thoughts or feelings or words cannot attract the offence under Section 294(b). None of the records disclose the alleged words used by the accused. It may not be the requirement of law to...case, there is hardly anything on record. Mere abusive, humiliating or defamative words by itself cannot attract an offence under Section 294(b) IPC.
9.To prove th...
...the passers-by in filthy language. This Court has repeatedly held that in order to constitute the offence under Section 294 (b) of the IPC, the words or actions of the accused must be obscene and must...instant case, the absence of words which will involve some lascivious elements arousing sexual thoughts or feelings or words cannot attract the offence under Section 294(b). None of the ...in the instant case, there is hardly anything on record. Mere abusive, humiliating or defamative words by itself cannot attract an offence under Section 294(b) IPC.
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...case which is based on caste. Charge under Section 3(1)(x) of the Act, 1989 is not established.
8. From the evidence of the prosecution, it is not established that any obscene words were used by the appellan...order to bring home the guilt of the accused for an offence under Section 294 of the IPC, prosecution has to establish that the words uttered were obscene. The test of obscenity is whether the...than mere platitudinous utterances signifying the enraged state of persons' mind. The words which have no literal significance cannot fall in the purview of obscene words. From the evidence it is not established beyond doub...
...imagination constitute the offences under Sections 294(b). In order to attract the offences under Section 294(b), the words uttered must be obscene. The observation of the Hon'ble Supreme Court in the...was reiterated that in order to attract the offence under Section 294(b) the words uttered ought to be obscene is as follows:-
" It...offence under Section 294(b). None of the records disclose the alleged words used by the accused. It may not be the requirement of law to reproduce in all cases the entire obscene ...
...petitioner has filed this Crl.M.C. The petitioner cannot be allowed to bypass the Magistrate. He shall surrender before the Magistrate and submit his argument in that Court. It appears that Section 294(b) IPC is not attracted becaus...punishable under Sections 294(b) & 506(1) IPC and Section 118(d) of the Kerala Police Act [for brevity, ‘the KP Act’]. The proceedings are sought to be quashed on the...adhered by the petitioner are not mentioned in the FIR. An other offence with which he is charged falls under Section 506 IPC, which is a...
...filthy words by the appellant, but the fact remains that for commission of offence under Section 294 of IPC, words should be obscene words 8. From the evidence of the prosecution...not established that any obscene words were used by the appellant . The essence of the crime under Section 294 of the IPC consists in creating a public nuisance which because of its gravity being of...public nature may endanger public peace. In order to bring home the guilt of the accused for an offence under Section 294 of the IPC, prosecution has to establish that the words uttered were obscene. The...
...) IPC is not made out on the allegations made in the impugned final report. The words uttered by the petitioner would not fall within the meaning of Section 294(b) IPC. It is well settled that even if the words utt...
elements arousing sexual thoughts or feelings or words cannot attract the offence under Section 294(b). None of the records disclose the alleg...on record. Mere abusive, humiliating or defamative words by itself cannot attract an offence under Section 294(b) IPC. To prove the offence under Section 294 of IPC mere utterance o...