SC: No criminal case for senior’s rap at office

The bench clarified that mere abuse, discourtesy, rudeness, or insolence do not satisfy the threshold for an intentional insult under Section 504 of the Indian Penal Code (IPC), which requires intent to provoke a breach of peace. The offence, which carries a jail term of up to two years, is set to be replaced by Section 352 of the Bharatiya Nyaya Sanhita from July 2024.

This judgment came as the Court quashed a 2022 criminal case against the officiating director of the National Institute for Empowerment of Persons with Intellectual Disabilities. The director had been accused of insulting an assistant professor by reprimanding her in the presence of colleagues after she lodged complaints with higher authorities. Allegations also included the director's failure to maintain adequate PPE kits, posing risks of spreading infectious diseases such as Covid-19.

Examining the chargesheet and supporting documents, the court noted that the allegations were purely conjectural and insufficient to establish the offences under Sections 269 (negligent acts likely to spread a dangerous disease) and 270 (malicious acts intended to spread a life-threatening disease) of the IPC.

In its verdict delivered on February 10, the Court stated, "Senior's admonition cannot be reasonably attributed to mean an 'intentional insult with the intent to provoke' within the meaning of Section 504, IPC, provided that the admonition relates to matters incidental to the workplace covering discipline and the discharge of duties therein." The Court further emphasised that it is reasonable to expect subordinates to perform their professional duties with utmost sincerity and dedication.