Use of expletive sans criminal force not assault: Delhi Court acquits man who swore at CISF airport security

Use of abusive language would only amount to assault if coupled with a gesture that indicates use of criminal force, a Delhi Court held as it acquitted a man who faced trial for allegedly obstructing Central Industrial Security Force (CISF) personnel at the Indira Gandhi International Airport in Delhi [State v. Gaurav Sahni]..Metropolitan Magistrate Bharti Garg observed that the accused had only hurled expletives and the same didn’t amount to assault.“Such a language would have been assault if it were coupled with such gesture or preparation as would make the victims apprehend that he was about to use criminal force to them.”.On January 25, 2015, the accused was stated to have approached the desk of the complainant, a CISF inspector, and told him that he wanted to meet the airline staff. On being told that the staff would be available at the boarding gate, the accused immediately tried to run out of the restricted Security Hold Area (SHA) even as security personnel tried to stop him.The accused thereafter was alleged to have used the words “f*** you” and “bloody b*******” when he was ultimately stopped by CISF personnel physically.He was subsequently apprehended and handed over to the local police at the airport. Following the investigation, the man faced trial for offences under Sections 186 (obstructing public servant in discharge of public functions) and 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code (IPC)..Counsel for the accused argued that there was no obstruction in the duties of the complainant, as he did not prevent the security personnel from apprehending him and did not use force.The accused had reasoned that he was scheduled to attend the last rites of his grandmother, but the flight had been cancelled. The Court, however, opined that being agitated owing to personal reasons served as no lawful excuse to obstruct the lawful exercise of powers in public safety.“As far as abusing the public servants on duty is concerned, the court is of the firm opinion that same is clearly unwarranted and the civilians ought to consider treating them with due respect particularly when no blame can be imputed on their part while discharging their duties,” it added.Although the words were stated to be inaudible in the CCTV footage, the Court nonetheless referred to the “coherent testimonies” of two CISF officials, including the complainant, to note that he had indeed uttered the expletives.The charge of obstruction was, however, stated to be not made out for want of procedural requirement under the requisite provision of the Code of Criminal Procedure. “The basic ingredients of the offences have not been proved by prosecution so as to attract the offence of Section 186 and 353 IPC in the instant case. The inescapable conclusion is that the accused is entitled to benefit of doubt,” it was held..[Read Order]