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    Question

    During a heated public debate on a contentious social

    issue, Speaker A makes the following statement: "Everyone who supports Policy X is intellectually bankrupt and morally destitute, and they deserve public condemnation and social boycott." Speaker A specifically directs this statement towards Speaker B, who is a prominent Policy X advocate. Speaker B becomes visibly angry and aggressive, pushing other attendees and threatening to assault Speaker A. Speaker A, when confronted, claims to have merely expressed his political opinion. Which of the following correctly applies Section 352 of the BNS?
    A Speaker A is liable under Section 352 because he made insulting remarks in a public setting that provoked physical aggression Correct Answer Incorrect Answer
    B Speaker A is not liable under Section 352 because political criticism and disagreement on policy matters, even if harshly worded, do not constitute "intentional insult" as understood in this sectio Correct Answer Incorrect Answer
    C Speaker A is liable under Section 352 only if it can be proven that he specifically intended to provoke Speaker B into breaching public peace before the statement was made, not merely foreseeable provocation Correct Answer Incorrect Answer
    D Speaker A's liability depends solely on whether the audience interpreted the remarks as insulting; subjective perception determines guilt Correct Answer Incorrect Answer
    E Speaker A is liable because imputing intellectual and moral bankruptcy to a person always constitutes actionable insult regardless of context or manner of expression Correct Answer Incorrect Answer

    Solution

    Explanation: Section 352 of the BNS requires that an insult be "intentional" and that the person insult "thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence." The crucial element is the mens rea (guilty mind). Merely harsh or disagreeable speech, even in a public forum, does not automatically constitute an actionable insult under Section 352. The provision requires a specific intent or knowledge that the provocation will lead to breach of public peace. Judicial interpretation of Section 504 IPC (the corresponding provision) has consistently held that courts must distinguish between: (i) provocative insults deliberately aimed at inciting violence; and (ii) strong but non-violent expressions of political or social disagreement. Speaker A's harsh characterization of Policy X supporters, while offensive, may not satisfy the Section 352 threshold unless it can be established that Speaker A specifically intended to provoke Speaker B into breaching peace OR knew such provocation was likely. General foreseeability of anger is insufficient. The fact that Speaker B reacted aggressively does not automatically make Speaker A liable; the speaker's prior intention or knowledge is determinative. Thus, option (C) is correct.

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