VidhiSangh

Supreme Court of India · 06/04/2026

SIVAKUMAR versus STATE REP. BY THE INSPECTOR OF POLICE

[2026] 4 S.C.R. 368 · 2026 INSC 318

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Summary

In a fatal assault arising from a boundary dispute between relatives, the Supreme Court set aside both appellants' convictions under Section 294(b) IPC, since calling a person 'bastard' is not obscene. It set aside A-1's conviction under Section 304 Part II read with Section 34 IPC for want of shared common intention and kept his Section 324 conviction. It upheld A-2's conviction under Section 304 Part II IPC for a single blow with a log but cut his sentence from five to three years.

Issues

  1. Whether use of the word 'bastard' during a quarrel constitutes uttering obscene words under Section 294(b) IPC.
  2. Whether A-1, who struck PW-4 and not the deceased, shared a common intention with A-2 so as to be liable under Section 304 Part II read with Section 34 IPC.
  3. Whether A-2's conviction under Section 304 Part II IPC was justified and whether the sentence required reduction.

Provisions considered

Held

Result

Appeals partly allowed. Convictions under Section 294(b) IPC set aside for both appellants; A-1's conviction under Section 304 Part II read with Section 34 IPC set aside, his Section 324 conviction confirmed with sentence reduced to the period undergone, and he need not surrender. A-2's conviction under Section 304 Part II IPC confirmed with sentence reduced to three years' rigorous imprisonment; he must surrender to serve the remainder.

Judgment PDF: Supreme Court of India, [2026] 4 S.C.R. 368.