My friend who is a man called one of his lady relatives a pile of shit, pygmy, black, ugly when she provoked him by mocking him for breakdown of his marriage and trying to blame my friend for causing loss in stock market after receiving advice eventhough she had agreed not to blame him before receiving advice free of cost. The lady is a deceitful person.
Can the lady prosecute my friend under Section 509 (outrage of modesty) and if so what are the worst consequences for my friend who reacted under provocation? My friend has already apologized for insulting the lady in order to save himself from court trials.
Under what sections of the law can my friend prosecute the lady for breach of trust and mocking him for breakdown of his marriage in self-defence? What are the worst consequences for the lady under the law?
2 Answers from Attorneys
Consequences against the lady: prosecution under section 321 IPC.
Consequences against your friend : 334 IPC conviction too unlikely as your friend has already apologised and he may be let off if the matter is settled with the lady. However your friend should not apologise before Court.
Both may be let off on lenient grounds under the probation of first offenders act.
Punishment against the lady is prescribed under section 323 IPC
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