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Mani @ Subramaniyam v. State Rep. by the Deputy Superintendent of Police

Criminal Appeal · 2026 INSC 719Decided 17 Jul 2026
Criminal Appeal No.-003241-003241 - 2026 (arising out of SLP(Crl.) No. 4516 of 2025)
Justice Sanjay Karol · Justice Vipul M. Pancholi

Background

During a land dispute in August 2017, Mani (also known as Subramaniyam) allegedly got into a heated altercation with his neighbour's family, hurling abusive and caste-based slurs, and then assaulted the complainant with a billhook, causing a fractured nose and other injuries. He was convicted at trial under IPC provisions for obscenity (Section 294(b)), grievous hurt (Section 326), and criminal intimidation (Section 506(ii)), along with charges under the SC/ST (Prevention of Atrocities) Act. The Madras High Court, on first appeal, had already acquitted him of the SC/ST Act charges while upholding (with reduced sentences) his conviction on the three IPC counts.

Decision Breakdown

The Supreme Court held that abusive, vulgar, or profane language, however offensive, is legally distinct from "obscenity." Obscenity requires content that is lascivious, appeals to prurient interest, and tends to deprave or corrupt, none of which is satisfied merely by swear words or slurs used in anger; accordingly, the conviction under Section 294(b) IPC was set aside. The Court also set aside the conviction under Section 506(ii) IPC (criminal intimidation), holding that a single threatening statement made in the heat of an altercation, without proof it was intended to cause alarm or compel the complainant to act, did not meet the legal ingredients of that offence. However, the Court upheld the conviction under Section 326 IPC (grievous hurt), since medical evidence clearly showed a fractured nasal bone caused by a billhook: a dangerous weapon. Considering the appellant's advanced age (around 70) and health, the Court reduced his sentence on that count to imprisonment until the rising of the court, along with a fine of Rs. 50,000.

Lesson Learnt

Under Indian criminal law, using abusive or vulgar language, even deeply offensive slurs, is not by itself the criminal offence of "obscenity"; that requires content that is sexually lascivious and tends to corrupt, a distinction courts must apply carefully rather than reading offensive words in their literal sense.

Official source (sci.gov.in)View Judgment (PDF)

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