Festival Season Legalities : Navigating offences under IPC 1860

Festival Season Legalities : Navigating offences under IPC 1860

Author:- Rahul.S.Trivedi,  a student of Ambedkar Law College     (Wadala, Mumbai) 

Introduction: 

Festivals in India are a time of joy,togetherness,and celebration. However,  in the midst of the revelry certain action may transgress the boundaries if legality, giving rise to offences as defined under the Indian Pebam Code (IPC) 1860. The article delves into the IPC provisions that pertain to offences committed during festivals, providing illustrative examplesmcase studies and shed light on their application. 

Here are the some of the  Offences that may be committed during the festival season;

Unlawful Assembly : 

                Section 141 of the IPC concerns the unlawful assembly of the individuals who share a common unlawful objective. If people gather  during a festival with the intent to commit an offense, it falls under this Section.

Rioting :

              One of the most common offences during the festivals is rioting.Section 146 of the IPC defines rioting as an unlawful assembly of five or more persons using force or violence. For instance during the religious procession, if a group  turns  violent,  resulting in property damage or injuries, it constitutes rioting. 

Affray :

            When two or more persons,  by fighting in public place, disturb the public peace,  ghey are said to commit "affray"Section 159 if theIPC.

Public Nuisance :

               Festivals often bring  about activities that can be considered public nuisances under Section 268 of the IPC. Any act that causes injury, danger, or annoyance to the public is coverubder this section.The acts which seriously interfere with the health,safety, comfort, or convenience of public generally,  or which tend to degrade public morals , have also been considered to be public nuisance. 

Insult to Religion :

                 Section 295-298 address the acts that outrage religious feelings. 

In S. Veerabadran Chettiar vs E. V. Ramaswami Naicker & Others 1958 AIR 1032 

Facts - The petitioner alleged that the accused had broken the idol of Lord Ganesh with the motive to insult religious sentiments of his community as well his. However, the trial magistrate, sessions court, and as well as the high court held that the breaking of this mud idol of Lord Ganesh was not an offence under IPC Section 295. This was further appealed in the apex court. 

The decision of apex court - 

• The lower courts had delivered an erroneous judgment and had wrong the interpretation of section 295. 

• It was observed that the court should give due regard to various religious sensitivity of people belonging to different classes and different beliefs irrespective of the opinion of the court or in accordance to the court's own rationale.

Assault  :

                 Assault as defined in the Section 351 of IPC 1860 , encompasses the intentional use of force to cause fear of injury or annoyance. This is particularly relevant during  crowded festival gathering . 

R vs St George (1840): In this case, the court held that if an unloaded pistol is shown from a reasonable distance, it may amount to an assault.

Mischief :

                Section 425 of the IPC 1860 deals with the intentionally causing of damage of the property.  During festivals tge property damage can be caused due to various reasons , such as vandalism or accidents. 

Illustration; “A” intentionally sets X’s home on fire causing him wrongful loss or injury." In the case of Gopi Naik vs. Somnath (1977 CrLJ 1665 Goa), the respondent alleged that the accused had cut their water pipe connection causing them wrongful loss & damage. Upon investigation, the Court found the accused guilty of the offence of Mischief as this act has resulted in diminishing the value of the property, i.e., water supply.

Conclusion :

Festivals are an integral part of India's cultural diversity, fostering unity and communal harmony. However, it is crucial to recognize that the festive spirit should not override the boundaries of the law. The IPC of 1860 provides a comprehensive framework for addressing offences committed during festivals, ensuring that public order, safety, and individual rights are upheld.

It should also be noted that the purpose of this article was to shed light and provide an insigth of the offences that may be committed .Also to mention the offences under Section 320 Grevious Hurt,Section 354A-D Assault with the intent to outrage the modesty of a woman, Section 378 Theft, etc may be occured in public gatherings. 

While festivals should be occasions of celebration and cultural exchange, it is equally important to uphold the principles of justice and legality to ensure that everyone can participate in the festivities without fear or harm. By understanding and respecting the IPC provisions related to festivals, we can strive for a harmonious and joyful celebration of India's rich cultural heritage.