In the case of Mohd. Farhan v State of U.P a writ petition asking for the dismissal of the FIR for violations of Sections 66 of the Information Technology Act (2008) and Section 504 of the Penal Code, 1860, in which the accused reportedly referred to Prime Minister Narendra Modi as a virus in need of an immediate cure.
Submission from parties
The petitioner claimed that no violation of Section 504 of the IPC or Section 66 of the Information Technology Amendment Act, 2008 is established by the accusations in the FIR. The Prime Minister has been called for a virus that needs an immediate antidote, according to the petitioner’s statement that forms the basis of the FIR. It was argued that these terms cannot be considered offensive or lewd, which would make them subject to Section 504 IPC.
The accused argued that the remark was political and wasn’t intended to incite the Prime Minister to disrupt the calm in the country.
Observation of the Court
The comments attributed to the accused do not appear to be covered by Section 504 of the IPC, according to the division bench of justices Anjani Kumar Mishra and Nand Prabha Shukla of the Allahabad High Court, therefore further consideration is necessary. Additionally, it stated that the petitioner may not be detained as a result of the contested FIR and ordered that the protection be extended until the next listing or until the filing of the police report, whichever comes first.
The court emphasised that when someone intentionally insults someone else Section 504 IPC is invoked if the offender knows or has reason to know that the offender will likely violate the peace or conduct a crime as a result of the insult. The comments allegedly spoken by the accused do not appear to be covered by Section 504 of the IPC, according to the court, thus more investigation is necessary. The petitioner may not be detained as a result of the contested FIR, the court said, and it was mandated that the petitioner be protected until either the next listing or the submission of the police report, whichever comes first.