Verbal Abuse and Obscenity Under Section 296(b) BNS: Madurai Bench Quashes Charge Sheet
Court category: High Court
Court / details: Madras High Court, Madurai Bench
Location: Madurai, Tamil Nadu
The Madurai Bench quashed charges after finding that the allegations lacked the ingredients of obscenity and the harassment offence invoked in the case.
The Madurai Bench quashed charges after finding that the allegations lacked the ingredients of obscenity and the harassment offence invoked in the case.
Case reference — M.A. Vijayanatarajan v. State of Tamil Nadu and another, Crl.O.P.(MD) No. 4948 of 2026, 2 November 2026, Justice R. Vijayakumar
What the charge sheet alleged
The petitioner asked the High Court under Section 528 BNSS to quash the charge sheet pending before Judicial Magistrate II, Madurai. The alleged abuse arose against the background of a dispute that the parties described differently.
How the Court assessed the offences
The charge sheet omitted the alleged words. The Court explained that abuse alone did not establish obscenity under Section 296(b) BNS and drew on Supreme Court authority under the corresponding IPC provision, which also addresses annoyance. As to Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, the Court found vague allegations and noted that independent witnesses denied any threats.
What the order decided
The Court quashed the charge sheet in C.C. No. 106 of 2026 because the allegations, taken at face value, did not disclose the ingredients of the two offences. The decision turns on the allegations and material in that case.
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