Penalty for Insult and Cursing Without Witnesses in Saudi Arabia is one of the frequently asked questions that many people raise when they’ve been verbally abused with no witnesses to the incident. Some believe the absence of witnesses means the offender can’t be punished, while Saudi law actually allows this crime to be proven through several means other than testimony.
In this article, we’ll explain whether the crime of insult and cursing is dropped when there are no witnesses, what penalty the law prescribes, and the most important means of proof accepted before the Saudi judiciary.
Have you been insulted with no witnesses present, and you’re worried about losing your right? The law doesn’t leave a loophole for the offender. Our lawyers specialize in proving insult incidents through circumstantial evidence and digital evidence to help you obtain your right and restore your reputation.
What Is the Penalty for Insult and Cursing Without Witnesses in Saudi Arabia?
The penalty for insult and cursing without witnesses in Saudi Arabia doesn’t differ from the penalty for insult and cursing with witnesses, as long as the crime is proven by any of the means of proof set out under the Law of Criminal Procedure and the Saudi Law of Evidence.
If the elements of the crime of insult and cursing are established and it occurs through ordinary means — such as insult and cursing face to face, in a gathering attended by other people, or over the phone — the penalty will be discretionary (ta’zir), left to the criminal judge hearing the case.
The penalty for verbal slander includes:
- Imprisonment.
- Flogging.
- A fine.
- Or one of these penalties, or a combination of two of them.
Determining the penalty varies depending on the circumstances of the crime and its consequences, and the psychological state the victim has reached as a result of being insulted and cursed.
Penalty for Insult and Cursing Through WhatsApp and Social Media
As for the penalty for insulting and cursing someone through social media or electronic means, this brings us to applying the provisions of the Anti-Cyber Crime Law.
This law punishes insult and cursing when it involves defaming others with imprisonment for a period not exceeding one year and a fine not exceeding SAR 500,000, or either of these two penalties, under the provisions of paragraph five of Article Three of that law.
Penalty for Insult and Slander
The crime of insult and slander is one of the crimes that affects a person’s dignity and reputation, and Saudi law therefore punishes those who commit it with discretionary penalties, or with specific penalties if it occurs through information technology means. The penalty varies depending on how the crime was committed, the resulting harm, and the evidence presented to the court.
The possible penalties include the following:
- Imprisonment for a period not exceeding one year and a fine not exceeding SAR 500,000 if the insult or defamation occurs online, under paragraph five of Article Three of the Anti-Cyber Crime Law.
- Discretionary (ta’zir) penalties assessed by the judge in cases of direct insult or cursing, which may include imprisonment, a fine, or other penalties depending on the circumstances of the case.
What Are the Means of Proving Insult and Cursing Under Saudi Law?
The means of proof before the Saudi judiciary aren’t limited to witness testimony — insult and cursing can be proven by any other means of proof, including:
- Interrogating the accused and their admission of the crime.
- Submitting written evidence that the insult and cursing occurred.
- Submitting digital evidence, such as when the insult and cursing occurred through social media.
Why Do You Need a Lawyer in Insult and Slander Cases in Saudi Arabia?
Insult and slander cases require precise knowledge of the laws and the means of proof accepted before the competent authorities, so retaining a specialized lawyer helps protect your rights and take the correct legal steps from the very start.
A lawyer helps you with:
- Assessing the available evidence and the possibility of proving the crime.
- Filing the complaint and drafting it according to legal procedures.
- Following up on the case before the competent authorities and the court.
- Defending your rights and claiming compensation where grounds exist.
Frequently Asked Questions About the Penalty for Insult and Cursing Without Witnesses
When does a slander lawsuit lapse?
A slander lawsuit doesn't lapse by prescription, since the criminal laws in the Kingdom don't provide for its lapse by prescription. However, it does lapse under the general and private grounds for the lapse of a criminal lawsuit. As for the public right, it lapses when a final judgment is issued in the case, when a royal pardon is granted, through repentance that drops the penalty, or upon the death of the accused. As for the private right, it lapses when a final judgment is issued, or when the victim or their heirs grant a pardon — noting that the lapse of the public right doesn't affect the lapse of the private right, and vice versa.
How is insult proven?
Insult and cursing are proven by all the means of proof set out under the Law of Criminal Procedure and the Law of Evidence, including witness testimony, written evidence, digital evidence, or interrogating the accused and their admission.
Is an audio recording considered evidence in insult and cursing cases?
An audio recording may be accepted as evidence in some cases if the court finds that it clearly proves the insult or cursing took place. Assessing the weight of this evidence is left to the judge's discretion, based on the circumstances of the case and the nature of the recording.
How is insult and cursing proven in Saudi Arabia?
Insult and cursing are proven through several means recognized under Saudi law, such as written messages, conversations on social media apps, audio recordings, or the accused's admission, in addition to witness testimony where available. The court evaluates the evidence submitted to determine whether the crime is established.
Can an insult and cursing case be filed without witnesses in Saudi Arabia?
Yes, an insult and cursing case can be filed even without witnesses. Saudi courts don't limit proof to witness testimony alone — they also accept other means of proof, such as text messages, conversations on social media, audio recordings, or any digital evidence proving that the insult or cursing occurred.
In closing, it’s clear that the penalty for insult and cursing without witnesses in Saudi Arabia isn’t dropped simply because there are no witnesses, since the crime can be proven through multiple means, such as digital evidence, a confession, or other legally accepted means of proof.
Understanding the correct legal procedures therefore helps protect your rights and take the appropriate steps if you’re subjected to acts like these.
If you need to know the correct legal procedure in insult or slander cases, you can contact a lawyer at Al Safwa Law Firm for Advocacy and Legal Consultations for a specialized legal consultation through the WhatsApp button or the Contact Us page.
You may also be searching for the best lawyer for Morality Cases in Saudi Arabia, or the penalty for slandering chaste persons under Sharia and Saudi law.
Sources:
- Anti-Cyber Crime Law issued under Royal Decree No. M/17 of 1428 AH.