Abusing and using filthy language on mobile phone

mayankkumar (Querist) 23 October 2011 This query is : Resolved
if any is abusing and using filthy language on mobile phone i want to know which section this case will be charged in I.P.C ???????????? pls tell me

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ajay sethi (Expert) 23 October 2011
section 509 of IPC .

one reported case

the case of Manish Kathuria who was recently arrested by the New Delhi Police. He was stalking an Indian lady, Ms Ritu Kohli by illegally chatting on the Web site MIRC using her name. He used obscene and obnoxious language, and distributed her residence telephone number, inviting people to chat with her on the phone. As a result of which, Ritu kept getting obscene calls from everywhere, and people promptly talked dirty with her. In a state of shock, she called the Delhi police and reported the matter. For once, the police department did not waste time swinging into action, traced the culprit and slammed a case under Section 509 of the Indian Penal Code for outraging the modesty of Ritu Kohli (Indianchild, 2005

ajay sethi (Expert) 23 October 2011
It has been held by the Andhra Pradesh High Court that “every case of abusive language shall have to be decided in the light of the facts and circumstances of that case”- therefore, “there cannot be a general proposition that no one commits an offence under S. 504, IPC, if he merely uses abusive language against the complainant”.[48] Even if the abusive language is such as may lead to a breach of peace, if it does not amount to an intentional insult, it is not an offence.