However, what is important to observe is that whenever any application is filed by the complainant before the Court of Judicial Magistrate seeking police investigation Under Section 156(3) of the Code of Criminal Procedure, it is the duty of the concerned Magistrate to apply his mind for the purpose of ascertaining whether the allegations levelled in the complaint constitute any cognizable offence or not. In other words, the Magistrate may not undertake the exercise to ascertain whether the complaint is false or otherwise, however, the Magistrate is obliged before he proceeds to pass an order for police investigation to closely consider whether the necessary ingredients to constitute the alleged offence are borne out on plain reading of the complaint. {Para 11}
12. In the case on hand, it appears that the Magistrate passed an order directing police investigation mechanically and without ascertaining whether the allegations levelled disclose commission of any offence or not.
13. It is the case of the complainant that the Appellant herein committed offence punishable Under Section 294 of the Indian Penal Code. The Magistrate very promptly accepted this contention without ascertaining if the necessary ingredients required to constitute the offence were disclosed in the complaint or not. In our view, even if all the allegations as levelled in the complaint are believed to be true, none of the ingredients to constitute the offence punishable Under Section 294 of the Indian Penal Code could be said to be borne out.
14. In so far as Section 294 of the Indian Penal Code is concerned, this Court in N.S. Madhanagopal and Anr. v. K. Lalitha reported in MANU/SC/1805/2022 : (2022) 17 SCC 818 has explained the true purport and scope of Section 294. We quote the relevant observations as under:
6. Section 294(b) Indian Penal Code talks about the obscene acts and songs. Section 294 Indian Penal Code as a whole reads thus:
294. Obscene acts and songs.-Whoever, to the annoyance of others-
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene songs, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
7. It is to be noted that the test of obscenity Under Section 294(b) Indian Penal Code is whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences. The following passage from the judgment authored by K.K. Mathew, J. (as his Lordship then was) reported in P.T. Chacko v. Nainan Chacko [P.T. Chacko v. Nainan Chacko, MANU/KE/0284/1967 : 1967 KLT 799] explains as follows: (SCC OnLine Ker paras 5-6)
5. The only point argued was that the 1st Accused has not committed an offence punishable Under Section 294(b) Indian Penal Code, by uttering the words above-mentioned. The courts below have held that the words uttered were obscene and the utterance caused annoyance to the public. I am not inclined to take this view. In R. v. Hicklin [R. v. Hicklin, (1868) LR 3 QB 360], QB at p. 371 Cockburn, C.J. Laid down the test of "obscenity" in these words: (QB p. 371) '... the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences....'
6. This test has been uniformly followed in India. The Supreme Court has accepted the correctness of the test in Ranjit D. Udeshi v. State of Maharashtra [Ranjit D. Udeshi v. State of Maharashtra, MANU/SC/0080/1964 : 1964:INSC:171 : AIR 1965 SC 881]. In Roth v. United States [Roth v. United States, 1957 SCC OnLine US SC 106: MANU/USSC/0157/1957 : 1 L Ed 2d 1498 : 354 US 476 (1957)], Chief Justice Warren said that the test of "obscenity" is the 'substantial tendency to corrupt by arousing lustful desires'. Mr. Justice Harlan observed that in order to be "obscene" the matter must "tend to sexually impure thoughts". I do not think that the words uttered in this case have such a tendency. It may be that the words are defamatory of the complainant, but I do not think that the words are "obscene" and the utterance would constitute an offence punishable Under Section 294(b) Indian Penal Code.
8. It has to be noted that in the instance 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 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 words if it is lengthy, but in the instant case, there is hardly anything on record. Mere abusive, humiliating or defamatory words by itself cannot attract an offence Under Section 294(b) Indian Penal Code.
9. To prove the offence Under Section 294 Indian Penal Code mere utterance of obscene words are not sufficient but there must be a further proof to establish that it was to the annoyance of others, which is lacking in the case. No one has spoken about the obscene words, they felt annoyed and in the absence of legal evidence to show that the words uttered by the Appellant- Accused annoyed others, it cannot be said that the ingredients of the offence Under Section 294(b) Indian Penal Code is made out.
15. We fail to understand how the act of a police officer assaulting the complainant within public view or public as alleged would amount to an obscene act. Obscene act for the purpose of Section 294 has a particular meaning. Mere abusive, humiliating or defamatory words by themselves are not sufficient to attract the offence Under Section 294 of the Indian Penal Code.
16. Thus, in so far as Section 294 of the Indian Penal Code is concerned, we are of the view that no case is made out to put the Appellant/Accused to trial.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 352/2020
Decided On: 16.01.2025
Om Prakash Ambadkar Vs. The State of Maharashtra and Ors.
Hon'ble Judges/Coram:
J.B. Pardiwala and R. Mahadevan, JJ.
Citation: MANU/SC/0134/2025, 2025 INSC 139.
Read full Judgment here: Click here.
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