Court orders BD 200 in moral damages for vulgar insult

TDT | Manama

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The Minor Civil Court has ordered a defendant to pay BD 200 in moral damages, along with BD 30 in lawyers’ fees and court costs, after ruling that a vulgar insult and obscene hand gesture caused harm warranting compensation.

The judgment was delivered during a public hearing on Thursday. The plaintiff, represented by lawyer Zainab Madan, had filed the claim earlier.

The court relied on a Public Prosecution certificate confirming that a criminal conviction against the defendant for insult, accompanied by a fine, had become final. The prosecution file was also reviewed before the case was reserved for judgment. The defendant attended the hearing and argued that his words did not justify compensation.

Case records showed the defendant used a vulgar term implying effeminacy and made an obscene gesture by showing the middle finger. The court applied Articles 158 and 162 of the Civil Code, which require proof of fault, damage, and causation, and allow compensation for moral harm, including injury to honour, reputation, and feelings.

The court emphasised the binding effect of a final criminal decision on civil proceedings, citing the Criminal Procedure Law, Evidence Law, and Court of Cassation rulings. With fault, damage, and causation established, the court assessed BD 200 as a sum that consoles the injured party and restores standing.

The defendant was also ordered to cover court costs and BD 30 towards the plaintiff’s legal fees.