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1 Sanjay Ranade, Head, DCJ, UoM
PRESS LAWS Sanjay Ranade, Head, DCJ, UoM

2 A History of Press Legislation in India
In India, the history of laws directed against the Press dates from the days of the East India Company almost simultaneously with the growth of newspapers which, from their inception, took up the criticism of the administration and of the officials responsible for it. The first Indian newspaper - the ‘Bengal Gazette’ was published in 1780 at Serampore. Sanjay Ranade, Head, DCJ, UoM

3 Sanjay Ranade, Head, DCJ, UoM
The Bengal Gazette was produced on Saturday, January 29, 1780 by James Augustus Hicky. Hicky described his publication as a ‘weekly political and commercial paper open to all parties but influenced by none’. Most of its pages were devoted to advertisements. It was a two-sheet paper about 12” by 8” with three columns of printed matter on both sides. It published extracts from the English newspapers and correspondence from local and distant writers. Its special features were addresses to the public from Mr Hicky’s a ‘poet’s corner’ and the local gossip relating to the British community in Calcutta. Sanjay Ranade, Head, DCJ, UoM

4 Sanjay Ranade, Head, DCJ, UoM
Most of the British authors and poets in India in the closing years of the 18th and the beginning of the 19th century, it is well-known, demonstrated their ‘exile mentality’ in their writings. There was a suspicion that Sir Philip Francis, a member of the Governor-General’s council and an enemy of Warren Hastings, supplied Hicky with slanderous information which Hicky skillfully used in his paper to annoy Hastings. A suspicion fortified by the fact that Hicky’s paper never attacked Sir Francis himself. Sanjay Ranade, Head, DCJ, UoM

5 Sanjay Ranade, Head, DCJ, UoM
Reports that another newspaper was being planned and the subscribers of Hicky’s Gazette were being approached infuriated Hicky into maligning everyone who supported the new venture. The grant of postal facilities to the new paper called the India Gazette made Hicky attack Warren Hastings right and left through his wife. Chief Justice Elijiah Impey became his special target of attack whom he criticised for dubious ways of amassing wealth. He referred to Mrs Hastings as ‘Marian Allypore’ and the Impey as poolbandy, hinting at a lucrative contract for maintaining bridges which Impey had secured for a relative. Sanjay Ranade, Head, DCJ, UoM

6 Sanjay Ranade, Head, DCJ, UoM
On September 2, 1780, the Bengal Gazette wrote about the utter futility of importing European goods since there was no demand for them in Madras and in November 1780, the government stopped its circulation through the post. It was the exposure of the failure of British economic colonialism. Sanjay Ranade, Head, DCJ, UoM

7 The Government order said:
Public Notice is hereby given that a weekly newspaper called the Bengal Gazette of Calcutta General Advertiser, printed by J A Hicky, has lately been found to contain several improper paragraphs tending to vilify private characters and to disturb the peace of the settlement, it is no longer permitted to be circulated through the channel of the General Post Office. Sanjay Ranade, Head, DCJ, UoM

8 Sanjay Ranade, Head, DCJ, UoM
Bombay was the last of the presidency town to have its own paper. The Bombay Herald appeared in 1789. It was followed by the Courier a year later and merging into the Bombay Gazette was to serve as an official publication in 1791. Sanjay Ranade, Head, DCJ, UoM

9 Sanjay Ranade, Head, DCJ, UoM
The Courier is noteworthy as a first paper to cater in part to an Indian public – it published advertisements in Gujarati. The editors had learnt that in order to stay in business Government patronage was needed. All newspapers solicited the privilege of printing official announcements and notices. The Bombay Gazette requested it should be given exclusive patronage by the Government and the Bombay Government agreed to it. It announced that the publication of notices, orders and resolutions in the Bombay Gazette was to be considered sufficient notification to any servant of the company. Sanjay Ranade, Head, DCJ, UoM

10 Sanjay Ranade, Head, DCJ, UoM
In Madras and Bombay, the Government’s relationship with the newspapers was one of understanding, the latter looking after the sensitiveness of the Government by following a course of submissiveness. But Bengal newspapers continued to be volatile and were viewed by the British Government with suspicion. Sanjay Ranade, Head, DCJ, UoM

11 Sanjay Ranade, Head, DCJ, UoM
Bengal had been considerably toned down by Hicky’s prosecution, but now and then editors defied British authoritarianism and criticised it bitterly. Sanjay Ranade, Head, DCJ, UoM

12 Sanjay Ranade, Head, DCJ, UoM
Around 1786 William Duane, an Irish-American printer who had arrived in Bengal in the East India Company’s service, became editor of the Bengal Journal and The World just as Charles Cornwallis, 1st Marquess Cornwallis, a British military commander, best remembered as one of the leading British generals in the American Revolutionary War, became the Governor-General and Commander in Chief. Cornwallis had a dual task before him – the subjugation of Marathas, and to consolidate and reform the Company’s administration in India. Cornwallis was thus not in a mood to brook any criticism and interference from the editors. Sanjay Ranade, Head, DCJ, UoM

13 Sanjay Ranade, Head, DCJ, UoM
Duane ran into trouble with Cornwallis for publishing a false report of his death in the Maratha War. He attributed the news to a French colonel who denied the report and demanded that the Government should obtain an apology from Duane. Cornwallis ordered that Duane should be arrested and transported to England. Sanjay Ranade, Head, DCJ, UoM

14 Sanjay Ranade, Head, DCJ, UoM
The East India Company from the governor-general downwards to the least important official in the administration was hostile to the press although it was owned and managed by Englishmen. Sanjay Ranade, Head, DCJ, UoM

15 Sanjay Ranade, Head, DCJ, UoM
The contents of newspapers during the period from 1779 to 1800 reveal the influence of Hicky. Foreign news, Parliamentary debates, extras from English newspapers, social news, letters to the editor and poet’s corner furnished the reading matter. Editorials dealt with subjects of interest to the European community. The newspaper as a matter of fact were organs of local British public opinion. Though the merchant, the lawyer and the doctor were looked down upon by the administration, even then, at times, their views found expression in the newspapers. The Press throughout the aforesaid period enjoyed as much freedom as its counterpart in U.K. There was no set policy or regulation. Sanjay Ranade, Head, DCJ, UoM

16 Sanjay Ranade, Head, DCJ, UoM
It took a long time before Indian-owned newspapers and Indian journalists appeared on the scene and the Europeans had a monopoly of the print media. The staple of the early journals was scandal, gossip and official lapses and misdemeanours. No one was spared and even the highest in the land had to go to court to protect their honour. Sanjay Ranade, Head, DCJ, UoM

17 Sanjay Ranade, Head, DCJ, UoM
There were no legal restrictions on the press as such and the only weapon which could be used against offending editors were pre-censorship, and proceedings for libel and deportation. Sanjay Ranade, Head, DCJ, UoM

18 Sanjay Ranade, Head, DCJ, UoM
Following Duane’s deportation other editors came under strict scrutiny. Holt Mekenley, editor of the Telegraph was questioned about his articles on the corruption in Government offices. The editor of the Calcutta Gazette was censured for making references to the official communication between the Court of Directors and the French Republic. Charles Maclean, the founder of the Bengal Hurkaru was deported to England for accusing the postal authorities for detaining his personal correspondence and for writing a signed letter in the Telegraph criticising the conduct of a magistrate of Ghazepore. Deportation was the most effective weapon used to eliminate troublesome and unwanted editors and ‘Silk Buckingham’ was the most important victim of this device. Sanjay Ranade, Head, DCJ, UoM

19 James Silk Buckingham (1786-1855)
An English author and traveller, he was born at Flushing near Falmouth, the son of a farmer and had a limited education. His youth was spent at sea, and in 1797 he was captured by the French and held as a prisoner of war at Corunna. After years of wandering he settled in India, where he established a periodical, the Calcutta Journal in 1818. Sanjay Ranade, Head, DCJ, UoM

20 Sanjay Ranade, Head, DCJ, UoM
The venture at first proved highly successful but in 1823 the paper’s outspoken criticisms of the East India Company led to the expulsion of Buckingham from India and to the suppression of the paper by John Adam, the acting governor general in 1823. His case was brought before the select committee of the House of Commons in 1834 and a pension of pounds 500 a year was subsequently awarded him by the East India Company as compensation. Sanjay Ranade, Head, DCJ, UoM

21 Sanjay Ranade, Head, DCJ, UoM
However, when the ‘half-castes’ or the Anglo-Indians were appointed as editors it became difficult to deport them since they were not natives of Britain. The Supreme Court of Calcutta and the Privy Council in London felt the law had to be made more stringent to plug the loophole. Sanjay Ranade, Head, DCJ, UoM

22 Sanjay Ranade, Head, DCJ, UoM
1799 The Governor-General, Richard Colley Wellesley, the 1st Marquess Wellesley, came to India in He was engaged in fierce and final stage of struggle with Tipu Sultan and was completely intolerant of any dissent. The first casualty during his regime was Charles Bruce, editor of the Asiatic Mirror. Bruce’s article gave estimated figures of European and native troops which was considered interference in Government affairs. Wellesley was the first Governor-General who thought of laying down rules governing the press in India. Sanjay Ranade, Head, DCJ, UoM

23 Sanjay Ranade, Head, DCJ, UoM
On May 13, 1799 Wellesley issued Regulations requiring newspapers, under pain of penalty, to print the names of the printer, publisher, proprietor and editor of newspapers and to submit all material published therein for pre-censorship by the Secretary to the Government of India. Sanjay Ranade, Head, DCJ, UoM

24 Sanjay Ranade, Head, DCJ, UoM
Wellesley wrote to Sir Alfred Clarke, commander-in-chief: “I shall take an early opportunity of transmitting rules for the conduct of the whole tribe of editors. In the meantime, if you cannot tranquilise this and other mischievous publication, be so good as to suppress them by force and send their persons to Europe”. Sanjay Ranade, Head, DCJ, UoM

25 Sanjay Ranade, Head, DCJ, UoM
Before Wellesley there were no restrictions on the press except pre-censorship. The only thing editors had to fear was assault, the possibility of being challenged to a duel by an aggrieved person and the English law of libel. The pre-publication censorship was extended by degrees to the entire printed word. The object was to prevent publication of reports unfavourable to the administration. Sanjay Ranade, Head, DCJ, UoM

26 Sanjay Ranade, Head, DCJ, UoM
While the original intention was to stop local opinion from reaching England, it was extended to prevent its spread in India itself. The Bombay censor was rebuked by Wellesley for permitting premature disclosure of news of the appointment of Cornwallis to succeed Wellesley in Bombay newspapers. The censor, Warden, was on one occasion recalled to Bombay from a week-end holiday to delete passages from speeches in the House of Commons critical of officials in India. Sanjay Ranade, Head, DCJ, UoM

27 Sanjay Ranade, Head, DCJ, UoM
Wellesley’s attitude to the press was described by a foreign writer in these words - During his period of office, this dread of the free diffusion of knowledge became a chronic disease continually afflicting the members of government with all sorts of hypochondriacal dry fears and nightmares in which the vision of the printing press and the Bible were ever making his flesh to creep and his hand to stand erect with honour. It was our policy in those days to keep the natives of India in the profoundest possible state of barbarism and darkness and every attempt to diffuse the light of knowledge among the people either of our own or of the independent states was vehemently opposed and resented. Sanjay Ranade, Head, DCJ, UoM

28 Sanjay Ranade, Head, DCJ, UoM
The chief provisions of the regulations issued by were: Every printer of a newspaper was required to print his name at the bottom of the paper Every editor and proprietor of a newspaper should notify his name and address to the secretary to the government. No newspaper should be published on Sundays. No newspaper should be published unless it was inspected previously by the secretary to government. The penalty for infringement of the law would be immediate deportation. Sanjay Ranade, Head, DCJ, UoM

29 Sanjay Ranade, Head, DCJ, UoM
Rules, framed for the guidance of the secretary, banned publication of … All information relating to the finance of the Company, troop movements, shipping news, naval or military preparations, movement of supplies or spies, reprinting of extracts from European newspapers which might affect the credit of the British power with Indian states, observations conveying information to an enemy or ‘exciting alarm or commotion in the company’s territories, such as statements with regard to the probability of war or peace with any of the Indian powers and all private scandals or libels on individuals. Sanjay Ranade, Head, DCJ, UoM

30 Sanjay Ranade, Head, DCJ, UoM
A chronicler of the times says: ‘The press on the whole accepted the restrictions and with evasions of pre-censorship on the one hand and warnings on the other, a working basis was established which obviated the need to resort to deportation’. Sanjay Ranade, Head, DCJ, UoM

31 Sanjay Ranade, Head, DCJ, UoM
1823 Pre censorship was abolished and an ordinance was issued by the acting Governor General, John Adam. The ordinance was called the ‘Adam Regulation’. It made the restrictions on the press more stringent. Sanjay Ranade, Head, DCJ, UoM

32 Sanjay Ranade, Head, DCJ, UoM
The ordinance laid down that every newspaper, journal, pamphlet or printed matter in any language should obtain a license from the Governor-General in Council signed by the chief secretary before publication. The Governor-General in Council was empowered to cancel the license after issuing due notice and it would be published in the gazette. Sanjay Ranade, Head, DCJ, UoM

33 Sanjay Ranade, Head, DCJ, UoM
The second part of the regulations was called, ”Regulation of Printing Establishments,1923” It prohibited the publication or circulation of any newspaper or book or printed matter without a license. Unlicensed presses were to be attached by magistrates. It was laid down that the name of the printer and the place where it was printed should be prominently published in the first and last pages of the publication. Sanjay Ranade, Head, DCJ, UoM

34 Sanjay Ranade, Head, DCJ, UoM
1835 The foregoing licensing Regulations were replaced by the “Registration of the Press Act” also known as the Metcalfe Act in the name of Sir Charles Metcalfe, another acting Governor-General. Charles Theophilus Metcalfe, 1st Baron Metcalfe, was born at Calcutta. Metcalfe was more sympathetic towards the press. Sanjay Ranade, Head, DCJ, UoM

35 Sanjay Ranade, Head, DCJ, UoM
Metcalfe appreciated the importance of newspapers and felt they should be allowed to function without restraint. He believed the press was an instrument more for the education of the people than for information to the rulers. He was also opposed to any discrimination as between the English-owned and Indian-owned press. He wanted closer official association with the press as the only way of ensuring informed and balanced criticism. He abolished the Bengal Press Regulation of 1823 and the Bombay Press Regulations of 1825 and 1827. Sanjay Ranade, Head, DCJ, UoM

36 Sanjay Ranade, Head, DCJ, UoM
1857 In the wake of the Mutiny, Charles John Canning, the 1st Earl of Canning known as Viscount Canning or Lord Canning, Governor-General, promulgated the Press Act of 1857 which re-introduced all the restrictions imposed on the press by the Adam Regulations of 1825. It was intended to ‘regulate the establishment of printing presses and to restrain in certain cases the circulation of printing books and papers’. Printing presses were expected to obtain a license to function or to print a newspaper or book. Sanjay Ranade, Head, DCJ, UoM

37 Sanjay Ranade, Head, DCJ, UoM
The government was empowered to issues licenses at its discretion and revoke them at any time. The government was also given the power to prohibit the publication or circulation of any newspaper, book or printed matter in any part or throughout its territories. Sanjay Ranade, Head, DCJ, UoM

38 Sanjay Ranade, Head, DCJ, UoM
It was provided that no newspaper or periodical or pamphlet printed in a licensed press ‘shall contain any observations or statements impugning the motives or designs of the British Government either in England or India or in any way tending to bring the said government into hatred and contempt, to excite disaffection or unlawful resistance to its orders or to weaken its lawful authority or the lawful authority of its civil or military servants’. Sanjay Ranade, Head, DCJ, UoM

39 Sanjay Ranade, Head, DCJ, UoM
The Act also said that ‘no such newspaper, pamphlet or book shall contain observations having a tendency to weaken the friendship towards the British Government of native princes, chiefs or states in dependence or alliance with it’. Sanjay Ranade, Head, DCJ, UoM

40 Sanjay Ranade, Head, DCJ, UoM
The provisions of the Act were to apply to both the European-owned and Indian-owned newspapers and this was the cause of European hostility to Lord Canning who became unpopular in that community for what was called his ‘soft’ policy towards the natives. Sanjay Ranade, Head, DCJ, UoM

41 Sanjay Ranade, Head, DCJ, UoM
1860 This year was a landmark inasmuch as it saw the passing of the Indian Penal Code, which, though not directed specifically towards the Press, laid down offences which any writer, editor or publisher must avoid, e.g. the offences of defamation, obscenity. Later amendments introduced the offences of sedition (S 124A, inserted in 1870); promoting enmity between classes (S 153A added in 1898); imputations or assertions prejudicial to national integration (S 153B, inserted in 1972); outraging religious feelings (S295A, added in 1927). Sanjay Ranade, Head, DCJ, UoM

42 Sanjay Ranade, Head, DCJ, UoM
Section 124 A dealt with Sedition. Section 153 A and B with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc, and doing acts prejudicial to maintenance of harmony, Section 292 and 293 deal with sale, etc., of obscene books in general and specifically to young people, Section 295 A with deliberate and malicious acts intended to outrage religious feelings of any class, by insulting its religion or religious beliefs, Section 499 deals with defamation and Section 505 deals with statements conducing to public mischief. Sanjay Ranade, Head, DCJ, UoM

43 Sanjay Ranade, Head, DCJ, UoM
S.124 A, Sedition Whoever by words, either spoken or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added or with fine. Sanjay Ranade, Head, DCJ, UoM

44 Sanjay Ranade, Head, DCJ, UoM
Explanation 1 The expression “disaffection” includes disloyalty and all feelings of enmity Sanjay Ranade, Head, DCJ, UoM

45 Sanjay Ranade, Head, DCJ, UoM
Explanation 2 Comments expressing disapprobation of the measures of the government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Sanjay Ranade, Head, DCJ, UoM

46 Sanjay Ranade, Head, DCJ, UoM
Explanation 3 Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt of disaffection, do not constitute an offence under this section. Sanjay Ranade, Head, DCJ, UoM

47 Ingredients of the offence of sedition
1.A publication is punishable under this section only if it incites violence or creates public disorder or is intended to create public disorder or ha a tendency to do so with a view to subverting the Government established by law in India. Shouting slogans for destroying the dishonest Government and poems advocating overthrowing government by violent means would attract Section 124 A. Sanjay Ranade, Head, DCJ, UoM

48 Sanjay Ranade, Head, DCJ, UoM
2. As to whether the writing was intended to create disorder or has a tendency to do so, the test is that of reasonable men; that is to say, if on reading the article as a whole, the reasonable and probable effect of the article on the minds of those who read them appears to be that it would incite violence, that would be enough to constitute this offence. It is not further necessary to show that some overt act of violence was resorted to by the writer or publisher of the matter or that the attempt to cause disorder or violence succeeded. In determining the intention or the tendency, the language of the offensive matter has to considered along with the circumstances in which it was made. Merely hearing cassettes of speeches of Sant Jarnail Singh Bhindarawala, would not attract this section. Sanjay Ranade, Head, DCJ, UoM

49 Sanjay Ranade, Head, DCJ, UoM
3. As the Explanations make it clear, where there is no such tendency, it is no offence under the section – to criticise public measures or the policy of the Government, even though the language was exaggerated or intemperate. to impute corruption against the police, administrative or judicial officers. Sanjay Ranade, Head, DCJ, UoM

50 Sanjay Ranade, Head, DCJ, UoM
4. As thus interpreted by the Supreme Court, any personal criticism of the members of the Government or people in authority would not be an offence under S 124 A, because ‘Government established by Law’, according to this interpretation, does not refer to the persons who are for the time being engaged in carrying on the administration but the authority of the established Government which, if subverted by violence, will jeopardise the very existence of the State. In short, ‘Government established by law’ is an abstract conception referring to the visible symbol of the State, as distinguished from the persons who are, for the time being, engaged in carrying on the administration of the State, e.g. the Ministers, who are popularly referred to as ‘the Government’. Hence, any criticism of a member of the Government individually, however harsh, would not constitute the offence of sedition under S124 A, e.g. expressing contempt towards a person holding the office of the President, Governor or Minister or Prime Minister. Sanjay Ranade, Head, DCJ, UoM

51 Sanjay Ranade, Head, DCJ, UoM
5. So interpreted, the effect of the publication has become more important than the intention. In some old cases, it was held that where it was established that the accused had the intention to create disaffection, he would be liable even though the words used could not possibly have such effect. The word “disaffection” is used in a special sense as meaning political alienation or discontent, a spirit of disloyalty to the government or existing authority, which tends to disposition not to obey, but to resist and subvert the government, and is not a mere absence or negation of love or goodwill, but a positive feeling of aversion, akin to disloyalty. Advocating a change in the form of Government does not amount to exciting a feeling of hatred, contempt or disaffection towards the existing government. But since the post-Constitution test is the tendency to provoke violence or the tendency to create public disorder, where the words used could not possible have such tendency, the intention of the writer would not be material. However, once the requisite test of inciting violence or tendency to do so is satisfied with respect to the matter published, not only the author of the material, but the editor, printer or publisher of a newspaper is as much responsible as the writer and it is no defense to say that article or other matter was put into his paper in his absence or without his authority. Sanjay Ranade, Head, DCJ, UoM

52 Sanjay Ranade, Head, DCJ, UoM
6. For the same reason, if the nature and effect of a matter published in a newspaper or book be seditious, it is no defence under this section that the matter was re-published from other newspapers or publications or that it was a mere compilation of extracts from various sources. Sanjay Ranade, Head, DCJ, UoM

53 Sanjay Ranade, Head, DCJ, UoM
7. Any order for forfeiting seditious writing must in the very nature of things operate throughout the country, for it cannot be said that writing is seditious in one part of the country and not in another. Sanjay Ranade, Head, DCJ, UoM

54 Sanjay Ranade, Head, DCJ, UoM
‘Attempt’ Once the ingredients of S124A, as properly interpreted, are satisfied, the accused will be liable if he does any external act of a tangible nature towards the commission of the offence. Thus, an attempt to commit sedition is complete as soon as the accused knowingly sells a copy containing the seditious article. A packet containing a manuscript copy of a seditious publication sent by post with a covering letter requesting the addressee to circulate it among others, intercepted by another person and never reached the addressee, constitutes an ‘attempt’ within the meaning of S 124 A. An attempt to publish seditious material is complete as soon as the accused knowingly sells a copy containing seditious article. Sanjay Ranade, Head, DCJ, UoM

55 The right to comment and criticise
The Freedom of the Press includes the right to criticise and comment on the Government’s administration and policies, provided such criticism does not endanger any of the social interests safeguarded by Cl.(2) of Art 19 of our Constitution, eg security of the State, public order. Sanjay Ranade, Head, DCJ, UoM

56 Sanjay Ranade, Head, DCJ, UoM
This right of the Press to comment is nothing but the right of every individual, under the freedom of expression, lucidly explained by Odgers in Common Law. “Every one has the right to comment on matters of public interest and general concern, provided that he does so fairly and with honest purpose. This right is in no way a special privilege of the Press; every citizen has full freedom to speak and to write on such matters…Provided he keeps clear of treason, sedition…or indecency, every man may discuss fully and fearlessly every matter of public concern in the State; he may comment on any proposed legislation and on the public conduct of any public man; he may criticise freely any published book, or poem, any play, picture or statute publicly performed or exhibited, or any public concert or entertainment. Sanjay Ranade, Head, DCJ, UoM

57 Sedition under Evidence Act, 1872, S.10
Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Sanjay Ranade, Head, DCJ, UoM

58 Evidentiary value of acts, statements and writings -
The acts, statements and writings of a conspirator may be given in evidence for the purpose of proving the existence of conspiracy as well as showing complicity of the accused. Where the accused is charged with publication of a defamatory matter in newspaper, the production of the newspaper raises presumption of the publication made by him and the onus shifts on him to disprove it. Sanjay Ranade, Head, DCJ, UoM

59 Sanjay Ranade, Head, DCJ, UoM
NO COURT CAN TAKE COGNIZANCE OF AN OFFENCE UNDER S 124 A, WITHOUT THE PREVIOUS SANCTION OF THE CENTRAL OR STATE GOVERNMENT, AS REQUIRED BY S 196(1) (a) OF THE CODE OF CRIMINAL PROCEDURE, 1973. Sanjay Ranade, Head, DCJ, UoM

60 Sanjay Ranade, Head, DCJ, UoM
(1) Whoever By words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religions, racial, language or regional groups or castes or communities, or Commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tanquility, or… Sanjay Ranade, Head, DCJ, UoM

61 Sanjay Ranade, Head, DCJ, UoM
c) Organises any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity, for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community shall be punished with imprisonment which may extend to three years, or with fine, or with both. Sanjay Ranade, Head, DCJ, UoM

62 Sanjay Ranade, Head, DCJ, UoM
(2) Whoever commits an offence specified in sub section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall be liable to fine. Sanjay Ranade, Head, DCJ, UoM

63 Sanjay Ranade, Head, DCJ, UoM
Object of S.153A The object of this section is to prevent breaches of the public tranquility which might result from excited feelings of enmity between classes of people. Absence of malicious intention is a relevant factor to judge whether the offence was committed. It could be said to be promoting enmity only where the written or spoken words had the tendency or intention of creating public disorders or disturbances of law and order or affect public tranquility. Mens rea or malicious intent has to be proved for proving commission of the offence. Sanjay Ranade, Head, DCJ, UoM

64 S 153A not ultra vires of Art 19 (1) of the Constitution
The language inn S 153 A is not of an all pervading nature and does not suffer from being all embracing with the result that because of language no one who does not either promote or attempt to promote class hatred or enmity can be convicted. The section is neither too widely worded nor is indefinite. Sanjay Ranade, Head, DCJ, UoM

65 ‘Promoting enmity between classes’: whether mens rea required -
1. Prior to the amendment of S 153A in 1961, there was an Explanation to the section, as follows: “It does not amount to an offence within the meaning of this section to point out, without malicious intention and with honest view to their removal, matters which are producing or have tendency to produce, feelings of enmity or hatred between different classes of Her Majesty’s subjects”. Sanjay Ranade, Head, DCJ, UoM

66 Sanjay Ranade, Head, DCJ, UoM
In view of the foregoing explanation, it was held in some cases that though the substantive part of the section did not say that mens rea or malicious intention was an essential ingredient of the offence, the explanation showed that an honest agitator, who sought the redress of certain wrongs, without any malicious intention, would not be punishable under the section even though the publication did promote enmity or hatred between classes. In some cases, however, it was held that the effect of the publication and not the intention of the writer was material. Sanjay Ranade, Head, DCJ, UoM

67 Sanjay Ranade, Head, DCJ, UoM
It was this latter view which was given effect by the amendment of the section in 1961 which omitted the explanation to the section, making it clear that even an honest intention to remove any grievances would be no defence to a prosecution under S 153A. This position is maintained by the amendment of1969. Sanjay Ranade, Head, DCJ, UoM

68 Sanjay Ranade, Head, DCJ, UoM
2.The amendment of 1961 also introduced Clause (b) – which has been maintained by the 1969 amendment,- to widen the sweep of the section to ‘any act which is prejudicial to the maintenance of harmony’ between different castes or communities and which ‘disturbs or is likely to disturb’ the ‘public tranquility’. Here also, intention or mens rea is not an ingredient of the offence, but its effect or tendency. Sanjay Ranade, Head, DCJ, UoM

69 Sanjay Ranade, Head, DCJ, UoM
3. Evidently, the section has been made more rigorous. The truth of the statement or that it is supported by authority would not suffice for defence or even that the attempt to incite enmity or ill-feeling has not been successful. For the same reason communal hatred cannot be promoted in the guise of historical truth or political thesis. Sanjay Ranade, Head, DCJ, UoM

70 Sanjay Ranade, Head, DCJ, UoM
4. But the offending matter must be read as a whole, in order to determine whether it has the effect of promoting enmity between the different communities; and its object was not to prohibit historical research. The words ‘promotes or attempts to promote feelings of enmity’ are to be read as connoting a successful or unsuccessful attempt to promote feeling of enmity. It must be the purpose or part of the purpose of the accused to promote such feelings, the mere circumstance that there may be a tendency is not sufficient. Malice is not to be imputed without definite or solid reason. Sanjay Ranade, Head, DCJ, UoM

71 ‘Different groups, castes or communities’
The essence of the offence under the section is the promotion of ill-feeling between different classes or sections of the people. Hence, no offence under this section is committed where a journal made disparaging remarks about all the inhabitants of a particular State, as regards their cultural or social development. Sanjay Ranade, Head, DCJ, UoM

72 ‘Or any other ground whatsoever’
1. These words make the sweep of the section all-comprehensive. The ground on which the class hatred is disseminated need not be confined to race, religion or the like. Thus, it may be economic interests, on the ground of which cultivators are incited to commit offences against the landowners or intermediaries. Sanjay Ranade, Head, DCJ, UoM

73 Sanjay Ranade, Head, DCJ, UoM
2. The ground of promotion of enmity may be language, caste or community. Sanjay Ranade, Head, DCJ, UoM

74 Sanjay Ranade, Head, DCJ, UoM
3. This section is not ultra vires Art 19 (1)(a) of the Constitution. The addition of the words “in the interest of public order” in Art 19 (2) by the First Amendment of 1951 makes the ambit of the protection very wide and any provision which has been enacted in the interest of public order would be valid. Therefore, if the state has, in the Penal Code, provided a provision which makes either the ‘attempt’ or the ‘actual commission of an act’ promoting feelings of enmity and hatred between different classes of the citizens of India, it must beheld that the provision is in the interest of public order. It is not necessary that the law may have been designed directly to maintain public order, it would be valid even if it had been enacted in the interest of public order. Sanjay Ranade, Head, DCJ, UoM

75 Sanjay Ranade, Head, DCJ, UoM
4. Where the origin of a community is sought to be traced, so long as there is adherence to the historical part of the narrative, however unpalatable it may be, to the members of that community, there may be no offence. But, on the other hand, where the author uses language which shows malice and is bound to annoy the members of the community so as to degrade them in the eyes of the other classes, he would be deemed promoting feelings of enmity and hatred. Sanjay Ranade, Head, DCJ, UoM

76 Sanjay Ranade, Head, DCJ, UoM
5. In a democratic country criticisms of governmental measures and administrative actions are to some extent unavoidable, they are made for the purpose of enlisting popular support and in considering the effect of such criticisms no serious notice ought to be taken of crude, blundering attempts or of rhetorical exaggerations by which nobody was likely to be impressed. With the change of times, the effect of criticisms also changes; what was damaging contempt or hatred of a bureaucratic Government was not so of a popular Government, a government which could neither afford to be hyper-sensitive, not impervious, to criticism. Sanjay Ranade, Head, DCJ, UoM

77 Sanjay Ranade, Head, DCJ, UoM
Where the editor of a newspaper published an article in the newspaper, wherein masses were exhorted to boycott the elections and further to organise revolutionary class struggle, it was held that the views expressed are purely political and Section 153 A was not attracted. Sanjay Ranade, Head, DCJ, UoM

78 Sanjay Ranade, Head, DCJ, UoM
Procedure 1. An offence under section is Triable by a Magistrate of the first class Non-bailable Any police officer may arrest without warrant a person for an offence under this section 2. No court shall take cognizance of an offence under this section except with the previous sanction of the Central or State government. 3. Evidence has to be led as to what was uttered by the accused to bring home charges. Sanjay Ranade, Head, DCJ, UoM

79 Sanjay Ranade, Head, DCJ, UoM
S 153 (B) 1.Whoever, by words either spoken or written or by signs or by visible representations or otherwise, - Makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional groups or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or Asserts, consents, advises, propagates or publishes that any class of persons shall, by reason of their members of any religious, racial, language or regional group or castes or community, be denied or deprived of their rights as citizens of India, or Makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons, shall be punished with imprisonment which may extend to three years or with fine or with both. Sanjay Ranade, Head, DCJ, UoM

80 Sanjay Ranade, Head, DCJ, UoM
2. Whoever commits an offence specified in sub section (1), in any place of worship or any assembly engaged in the performance of religious worship or religious ceremonies shall be punished with imprisonment which may extend to five years and shall also be liable to fine. Sanjay Ranade, Head, DCJ, UoM

81 Sanjay Ranade, Head, DCJ, UoM
Procedure 1. An offence under this section is Triable by a Magistrate of the first class Non-bailable Any police officer may arrest without warrant a person for an offence under this section 2. No court shall take cognizance of an offence under this section except with the previous sanction of the Central or State government. Sanjay Ranade, Head, DCJ, UoM

82 Sanjay Ranade, Head, DCJ, UoM
1. Whoever makes, publishes or circulates any statement, rumour or report, - With intent to cause, or which is likely to cause any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise, disregard or fail in his duty as such; or With intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or With intent to incite, or which is likely to incite any class or community of persons to commit any offence against any other class or community, Shall be punished with imprisonment which may extend to three years, or with fine, or with both. Sanjay Ranade, Head, DCJ, UoM

83 Sanjay Ranade, Head, DCJ, UoM
2. Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years or with fine, or with both. Sanjay Ranade, Head, DCJ, UoM

84 Sanjay Ranade, Head, DCJ, UoM
3. Whoever commits an offence specified in sub section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. Sanjay Ranade, Head, DCJ, UoM

85 Sanjay Ranade, Head, DCJ, UoM
Exceptions It does not amount to an offence, within the meaning of this section, when the person making, publishing, or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid. Sanjay Ranade, Head, DCJ, UoM

86 Sanjay Ranade, Head, DCJ, UoM
Ingredients In order to constitute this offence, it is necessary that The accused must a) make, or b) publish, or c) circulate a (a) statement, or (b) rumour, or (c) report. Thus if the other ingredients exist, the offence may be committed by distributing a printed pamphlet at different places of a town. Such statement, rumour or report must a) be intended to cause, or b) be likely to cause – Any member of the armed forces to mutiny or to disregard or to fail in his duty; or Fear or alarm to the public whereby any person may be induced to commit an offence against the State or against public tranquility; or Such statement, rumour or report must a) be intended to incite or b) be likely to incite – any class or community to commit an offence against any class or community; or Such statement, rumour or report must a) be intended to recreate or promote or b) be likely to create or promote feelings of enmity, hatred or ill-will between different groups, castes or communities on grounds of religion, race, place of birth, residence, language, caste or community or ‘any other ground whatsoever’. Sanjay Ranade, Head, DCJ, UoM

87 ‘Incitement to commit offence’
No offence is committed under clause (c) unless the pamphlet or other matter which is made or circulated amounts to an ‘incitement to an offence’ where the statement seeks to ventilate the grievances of the public against the local authorities in the matter of sanitation etc., even though it describes the rule of the local officials as ‘autocratic’. Sanjay Ranade, Head, DCJ, UoM

88 ‘Or any other ground whatsoever’
These words make the sweep of the section all comprehensive. The ground on which the class hatred is disseminated need not be confined to race, religion or the like. Thus, it may be economic interests, on the ground of which cultivators are incited to commit offences against the landowners or intermediaries. Sanjay Ranade, Head, DCJ, UoM

89 ‘Whoever makes, publishes or circulates’
The words ‘whoever makes, publishes or circulates’ in this section cannot be interpreted disjunctively but only as supplementary to each other. Merely inciting the feelings of one community or group without any reference to any other community or group cannot attract the provisions of this section. Sanjay Ranade, Head, DCJ, UoM

90 Sanjay Ranade, Head, DCJ, UoM
1.For the purposes of the sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if its is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt person who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it; Sanjay Ranade, Head, DCJ, UoM

91 Sanjay Ranade, Head, DCJ, UoM
2. Whoever – sells, lets to hire, distributes, publicity exhibits or in any manner puts into circulation, or for purposes of sale, hire distribution, public exhibition or circulation, makes produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or Imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in an manner put into circulation, or Takes part in or receives profits in any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or Advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under his section, or that any such obscene object can be procured from or through any person, or Offers or attempts to do any act which is an offence under this section,… Sanjay Ranade, Head, DCJ, UoM

92 Sanjay Ranade, Head, DCJ, UoM
…shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five rupees, and also with fine which may extend to five thousand rupees. Sanjay Ranade, Head, DCJ, UoM

93 Sanjay Ranade, Head, DCJ, UoM
Exceptions This section does not extend to – Any book, pamphlet, paper, writing, drawing, painting, representation or figure – The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or Which is kept or used bona fide for religious purposes;.. Sanjay Ranade, Head, DCJ, UoM

94 Sanjay Ranade, Head, DCJ, UoM
b) Any representation sculptured, engraved, painted or otherwise represented on or in – Any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or Any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose. Sanjay Ranade, Head, DCJ, UoM

95 Sanjay Ranade, Head, DCJ, UoM
Test of obscenity The test in Hicklin’s case is to be applied, subject to the mores of our people. Another test is whether the publication, read as a whole, has a tendency to deprave and corrupt those whose minds are open to such immoral influence and into whose hands such a publication may fall. Each work must be examined by itself and a comparison to other works may not improve the quality of a book which is indecent or obscene. Courts cannot act as a censor or authority of public morality or decency. “Obscene” means “offensive to chastity or modesty, expressing or personating to the mind or view something that delicacy, purity and decency forbid to be expressed, impure, as an obscene language, obscene pictures”, anything expressing or suggesting unchaste and lustful idea, impure, indecent, loud. Sanjay Ranade, Head, DCJ, UoM

96 Sanjay Ranade, Head, DCJ, UoM
‘Hicklin’ One of the first formal attempts to restrict obscenity was the Obscene Publications Act, 1857, also known as the Lord Campbell’s Act passed in United Kingdom and Ireland. The Act prohibited the publication of obscene literature, while authorizing post offices to remove the publications from the mail and indict the senders. The one thing that Lord Campbell’s Act did not provide, though, was a clear definition of what was obscene, and therefore could be censored. The Hicklin Rule solved this problem. Sanjay Ranade, Head, DCJ, UoM

97 Sanjay Ranade, Head, DCJ, UoM
Prior to the Lord Campbell;s Act, whilst the "exposure for sale" of "obscene books and prints" had been made illegal in law, the publication of obscene material was treated as a common law misdemeanour and effectively prosecuting authors and publishers was difficult even in cases where the material was clearly intended as pornography. Sanjay Ranade, Head, DCJ, UoM

98 Sanjay Ranade, Head, DCJ, UoM
The origins of the Act itself were in a trial for the sale of pornography presided over by the Lord Chief Justice, Lord Campbell, at the same time as a debate in the House of Lords over a bill aiming to restrict the sale of poisons. Campbell was taken by the analogy between the two situations, famously referring to the London pornography trade as "a sale of poison more deadly than prussic acid, strychnine or arsenic", and proposed a bill to restrict the sale of pornography; giving statutory powers of destruction would allow for a much more effective degree of prosecution. Sanjay Ranade, Head, DCJ, UoM

99 Sanjay Ranade, Head, DCJ, UoM
The bill was controversial at the time, receiving strong opposition from both Houses of Parliament, and was passed on the assurance by the Lord Chief Justice that it was - "...intended to apply exclusively to works written for the single purpose of corrupting the morals of youth and of a nature calculated to shock the common feelings of decency in any well-regulated mind." The House of Commons successfully amended it so as not to apply to Scotland, on the grounds that Scottish common law was sufficiently stringent. Sanjay Ranade, Head, DCJ, UoM

100 Sanjay Ranade, Head, DCJ, UoM
The Hicklin Rule was named after Benjamin Hicklin, a recorder in London following the Regina v. Hicklin court case in 1868. This case was brought against Henry Scott because he had created an offensive anti-Catholic booklet called “The Confessional Unmasked.” The consequence of this hearing was a definition of what was considered illegally obscene at the time: "the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences [such as small children], and into whose hands a publication of this sort may fall." Sanjay Ranade, Head, DCJ, UoM

101 Distinction between pornography and obscenity
The difference between obscenity and pornography is that first pornography denotes writings, pictures etc., it tenders to arouse sexual desire, while obscenity includes writing etc., not intended to do so but which have that tendency. Both offend public decency and morals. Pornography is obscenity in a more aggravated form. Sanjay Ranade, Head, DCJ, UoM

102 Ingredients of the offence
Knowledge of the object being obscene is not required. Intention is an ingredient, but it may be inferred from circumstances. Sanjay Ranade, Head, DCJ, UoM

103 Sanjay Ranade, Head, DCJ, UoM
Sentence It is evident that the amendment of 1969 was intended to prevent lenient treatment of such offenders who corrupt the minds of the younger generation, and even introduces a dichotomy between first offenders and subsequent offenders. The Court, should, therefore, in such cases, award sentences which are sufficiently deterrent. Sanjay Ranade, Head, DCJ, UoM

104 Sanjay Ranade, Head, DCJ, UoM
Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees. Sanjay Ranade, Head, DCJ, UoM

105 Sanjay Ranade, Head, DCJ, UoM
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religions beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Sanjay Ranade, Head, DCJ, UoM

106 Sanjay Ranade, Head, DCJ, UoM
Scope The Constitution Bench of the Supreme Court considering the constitutional validity of this section held that it falls well within the protection of clause 2 of Art 19, as being a law imposing reasonable restriction on the exercise of the right to freedom of speech and expression guaranteed by Art 19 (1)(a) and further held that having regard to the ingredients of the offence created by S 295-A, there cannot be any possibility of this being applied for purposes not sanctioned by the Constitution. Sanjay Ranade, Head, DCJ, UoM

107 Sanjay Ranade, Head, DCJ, UoM
‘Deliberately and maliciously outraging religious feelings of any class - In order that a publication may be punishable under this section, it must – Insult or attempt to insult the religion of religious belief of a class of citizens; With the deliberate and malicious intention of outraging the religious feelings of that class, as distinguished from unwitting or careless remarks. If any person writes any book or publishes any paper with an intention of outraging the religious feelings of any class, that person is liable to be punished. The prosecution has to prove that the delinquent has committed an offence by producing relevant evidence, and the court has to come to the conclusion beyond reasonable doubt that the offence has been committed. Sanjay Ranade, Head, DCJ, UoM

108 Sanjay Ranade, Head, DCJ, UoM
2. The burden is upon the State to establish such intention from the language used, in the background of surrounding circumstances. 3. It would be no offence under this section if the writing is merely careless; but malice may be presumed from the fact that it was done voluntarily and without any lawful excuse. Hence, the background and connected facts in which the offending matter was published becomes material in determining whether it was ‘deliberate and malicious’. Thus, scholarly writings on history and religion, based upon research would not, in general, be punishable under S 153 A an 295 A Sanjay Ranade, Head, DCJ, UoM

109 Sanjay Ranade, Head, DCJ, UoM
4. Once the requirements of S 295 A are satisfied, it would be no defence to a charge under this section to plead – That the accused sought to call attention to the need for some reform; That the accused had written the objectionable matter in order to reply to the adherent of the other religion who had attacked the accused’s own religion; That the accused had attacked not only the religion mentioned in the compliant but also other religious beliefs; That the allegations were true, or founded on high authority. Sanjay Ranade, Head, DCJ, UoM

110 ‘Any class of citizens’
This is a very wide expression and would include within its ambit not only a religious community like the ‘Hindus’ but also sects therein like the Vaishnavas or the Scheduled Castes. Subsidiary classes within one central class would also be a ‘class’. In fact, this expression would bring within the purview of the section any definite and ascertainable class of citizens in India although such classes may not divided on racial or religious grounds. To find out whether an offence is made out under S 295 A or not, the susceptibilities of persons of different religious persuasions or creeds is relevant and the court has to give due regard to such feelings in consideration of the case. Sanjay Ranade, Head, DCJ, UoM

111 Sanjay Ranade, Head, DCJ, UoM
Procedure An offence under this section is triable only by a Magistrate of the First Class and is non-bailable and cognizable. For prosecution, previous sanction of the Central or State government is necessary. Sanjay Ranade, Head, DCJ, UoM

112 Sanjay Ranade, Head, DCJ, UoM
Sections 153 A and 295 A While the object of S 153 A is to maintain harmony between different classes, it is not always easy to prove that the writing complained of would promote disharmony or ill-feeling between different classes; hence, S 295 A was engrafted as an additional provision which would be satisfied if the religious feelings of any class were outraged, judged by the standard of a reasonable man of that class. Sanjay Ranade, Head, DCJ, UoM

113 Sanjay Ranade, Head, DCJ, UoM
S 499 Defamation Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes an imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Sanjay Ranade, Head, DCJ, UoM

114 Sanjay Ranade, Head, DCJ, UoM
Explanation 1 It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Sanjay Ranade, Head, DCJ, UoM

115 Sanjay Ranade, Head, DCJ, UoM
Explanation 2 It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Sanjay Ranade, Head, DCJ, UoM

116 Sanjay Ranade, Head, DCJ, UoM
Explanation 3 An imputation in the form of an alternative or expressed ironically, may amount to defamation. Sanjay Ranade, Head, DCJ, UoM

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Explanation 4 No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. Sanjay Ranade, Head, DCJ, UoM

118 Sanjay Ranade, Head, DCJ, UoM
First Exception It is not defamation to impute anything which is true concerning of any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Sanjay Ranade, Head, DCJ, UoM

119 Sanjay Ranade, Head, DCJ, UoM
Second Exception It is not defamation to express in good faith an opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Sanjay Ranade, Head, DCJ, UoM

120 Sanjay Ranade, Head, DCJ, UoM
Third Exception It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Sanjay Ranade, Head, DCJ, UoM

121 Sanjay Ranade, Head, DCJ, UoM
Fourth Exception It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings. Explanation – A Justice of the Peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section. Sanjay Ranade, Head, DCJ, UoM

122 Sanjay Ranade, Head, DCJ, UoM
Fifth Exception It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. Sanjay Ranade, Head, DCJ, UoM

123 Sanjay Ranade, Head, DCJ, UoM
Sixth Exception It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgement of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation – A performance may submitted to the judgement of the public expressly or by acts on the part of the author which imply such submission to the judgement of the public. Sanjay Ranade, Head, DCJ, UoM

124 Sanjay Ranade, Head, DCJ, UoM
Seventh Exception It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Sanjay Ranade, Head, DCJ, UoM

125 Sanjay Ranade, Head, DCJ, UoM
Eighth Exception It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. Sanjay Ranade, Head, DCJ, UoM

126 Sanjay Ranade, Head, DCJ, UoM
Ninth Exception It is not defamation to make an imputation on the character of another provided that the imputation may be in good faith for the protection of the interests of the person making it, or any other person, or for the public good. Sanjay Ranade, Head, DCJ, UoM

127 Sanjay Ranade, Head, DCJ, UoM
Tenth Exception It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or some person in whom that person is interested, or for the public good. Sanjay Ranade, Head, DCJ, UoM

128 Ingredients of the offence of defamation
Making or publishing any imputation concerning any person. Such imputation must have been made by – i) words, (either spoken or intended to be read); or ii) signs or iii) visible representations. Such imputation must have been made with the intention of harming or with knowledge arisen to believe that it will harm the reputation of the person concerning whom it is made. Sanjay Ranade, Head, DCJ, UoM

129 Sanjay Ranade, Head, DCJ, UoM
Imputation Imputation means accusation against a person and implies and allegation of fact and not merely a term of abuse or insult which is deemed within Section 504 IPC. Sanjay Ranade, Head, DCJ, UoM

130 Intention or knowledge
In order to constitute the offence of defamation, it is not necessary that an injury to the reputation of the complainant must have been actually caused. It is no defence that the reputation of the person attacked was so good or that the persons attacking so bad, that serious injury to the reputation of the complainant was not actually caused. An imputation concerning a person shall be defamatory if it has been made i) with the intention of harming the reputation of such other person; or ii) with knowledge or reason to believe that it will harm the reputation of such person. But there is no such intention to harm where a newspaper publishes an advertisement, disputing the paternity of a person, at the instance of the alleged father of that person, in circumstances which justified such dispute. For finding out whether an offence under this section has been constituted or not should be found after reading the complaint as a whole. Sanjay Ranade, Head, DCJ, UoM

131 Defamation of a group of individuals
1. The definition in section 499 refers to the reputation of a ‘person’ being injured by defamation. Expl 2 provides that it may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Hence, there can be defamation of a collection of persons, eg, ‘The prosecuting staff’ at a specified place; the Rashtriya Sevak Sangh. Sanjay Ranade, Head, DCJ, UoM

132 Sanjay Ranade, Head, DCJ, UoM
2. But an association or collection of persons can maintain a complaint for defamation only if it is an identifiable body, so that it is possible to say that a group of particular persons, as distinguished from the rest of the community, was defamed. A writing against mankind in general is no libel. But if a well defined class is defamed, every particular class can file a complaint even if the defamatory imputation in question does not mention him by name. A conference which passed a resolution would not be such a determinate body, in the absence of records as to its composition and like particulars. Sanjay Ranade, Head, DCJ, UoM

133 Sanjay Ranade, Head, DCJ, UoM
Thus - Advocates, as a class, are an indeterminate body but the prosecuting staff at Aligarh, are identifiable but alleged defamatory imputation against members of Christian Groups-published due to ideological differences would not amount so. Sanjay Ranade, Head, DCJ, UoM

134 Sanjay Ranade, Head, DCJ, UoM
Makes or publishes Though the words ‘makes’ and ‘publishes’ are used in the alternative, it is settled that publication to a third party is an essential condition of liability under the criminal law as under the civil law. Hence, there would be no liability under this section if the defamatory matter is kept in the custody of the maker or is communicated only to the person defamed. But once it is published, not only the publisher but also the makers would be liable and that is how the printer of a newspaper also becomes liable under section 499, IPC. Sanjay Ranade, Head, DCJ, UoM

135 Sanjay Ranade, Head, DCJ, UoM
Publication Making a defamatory matter after it has been written, to some person other than the person alleged to have been defamed is a publication, in the legal sense. Communicating a defamatory matter to the person concerned only cannot be said to be ‘publication’. Republication of matter already published by somebody else is also ‘publication’ under this section. In short, it is no defence to show that similar statement or allegation against the complainant had been published by other persons and that the accused had merely repeated it. The sale of each copy of the printed matter constitutes a distinct publication and a fresh offence. Similarly, the sending of a newspaper of post, addressed to a subscriber, is publication and it is not necessary to prove further that the newspaper was actually read by somebody. Unless the imputation has been made public by the accused and the complainant’s reputation has been brought down in the estimation of others by the accused, no action would lie against the accused. Scurrilous allegations or imputation contained in the notice exchanged between the parties is not publication. Sanjay Ranade, Head, DCJ, UoM

136 Sanjay Ranade, Head, DCJ, UoM
Burden of Proof Once an imputation is proved to be defamatory, it is for the accused to show that he is protected by any of the exceptions to section 499. This is an exception to the general principle that in a criminal case, the burden is always on the prosecution to prove the guilt of the accused. Where the accused pleads an exception to section 499, he has to discharge the onus of substantiating that plea. But the degree and character of proof which he is expected to furnish in support of the plea cannot be equated with the degree and character of proof expected from the prosecution which is required to prove its case. Sanjay Ranade, Head, DCJ, UoM

137 Sanjay Ranade, Head, DCJ, UoM
3. While the prosecution must prove its case beyond a reasonable doubt, the accused would succeed in substantiating his plea under any of the Exceptions to S 499 if he succeeds in proving a preponderance of probability. As soon as the preponderance of probability is established, the burden shifts to the prosecution which has still to discharge its original onus. 4. So far as criminal liability is concerned, the Exceptions, S 499 are exhaustive, and no exception derived from English law may be engrafted thereupon. Thus, mere good faith of a journalist will not save him unless the requirement of any of the Exceptions to S 499 is established. 5. The Exceptions to S 499 provide only for ‘qualified’ privilege. There is no provision for absolute privilege under the criminal law in India. Qualified privilege is a conditional defence. It affords immunity to those alone who use the privileged occasion for the purpose which the law deems of sufficient social importance to defeat the countervailing claim to protection of reputation, ie, subject to the terms and conditions as specified in the Exceptions. Sanjay Ranade, Head, DCJ, UoM

138 1st Exception: True imputation for public good -
The accused must establish two ingredients, in order to avail of this exception: That the imputation was true; That it was made for the public good. Both ingredients are questions of fact, and the accused must prove both ingredients strictly as if the complainant was being prosecuted for the offences imputed to him. Hence, proof of truth of a part of the libel would not suffice. The plea that the offending allegation was true is known as the plea of ‘justification’. Where the accused takes the plea, he would be required to tender such evidence in support of it as would be necessary to convict the complainant of the offence alleged, eg, forgery bigamy or the like. It is a legitimate function of all newspapers in a democratic set up to act as a champion of clean administration and sentinel of public interest, and where the news-item revealed that there was financial bungling in a hospital, substantially true and was published in good faith and there was no allegation that the publication was malicious, no offence of defamation was made out. It is the duty of the press to expose the corrupt and wrong people. Sanjay Ranade, Head, DCJ, UoM

139 Sanjay Ranade, Head, DCJ, UoM
2nd and 3rd Exceptions: Fair comments respecting public servant, and public question - 1. These two Exceptions relate to the defence of ‘fair comment’ to a charge of defamation; while the 2nd Exception applies in case of a comment respecting the conduct of a public servant in the discharge of his public functions, the 3rd Exception applies where the comment is made respecting any person (including a public servant) touching any public question. But such an offending article must be against a definite and ascertained body of people and not against a community in general. Sanjay Ranade, Head, DCJ, UoM

140 Sanjay Ranade, Head, DCJ, UoM
2. The common elements in the two Exceptions are that – The statement must be the expression of an ‘opinion’ as distinguished from a statement of fact; The expression must have been made in good faith; In both cases, public interest is involved a) under the 2nd Exception, the public are interested in the disclosure of the character of a public servant in relation to his public functions; b) under the 3rd Exception the public are interested because the opinion relates to the conduct of a person touching a public question. Sanjay Ranade, Head, DCJ, UoM

141 Sanjay Ranade, Head, DCJ, UoM
‘Good faith’ 1. ‘Good faith’ is a common requirement of the 2nd, 3rd, 5th, 6th, 7th, 8th, 9th and 10th, Exceptions. 2. In order to find out the meaning of this expression, we must turn to the definition of ‘good faith’ in S 3(22) of the General Clauses Act and S 52 of the IPC. Sanjay Ranade, Head, DCJ, UoM

142 S 3 (22) General Clauses Act
“A thing shall be deemed to be done in ‘good faith’ where it is in fact done honestly, whether it is done negligently or not” Sanjay Ranade, Head, DCJ, UoM

143 Sanjay Ranade, Head, DCJ, UoM
S 52, IPC “Nothing is said to be done or believed in ‘good faith’ which is done or believed without due care and attention”. Sanjay Ranade, Head, DCJ, UoM

144 Sanjay Ranade, Head, DCJ, UoM
It is to be seen that the element of honesty, introduced by the General Causes Act is not introduced in the definition prescribed by the IPC. Thus, in considering whether the accused acted in good faith in publishing his impugned statement, what is to be considered is whether he acted with ‘due care and attention’. Sanjay Ranade, Head, DCJ, UoM

145 Sanjay Ranade, Head, DCJ, UoM
4. Of course, the mere plea that the accused believed that what was stated was true by itself, will not sustain his case of good faith under the 9th Exception. Simple belief or actual belief by itself is not enough. The accused must show that his belief in the impugned statement had a rational basis and was not just blind belief. That is where the element of due care and attention plays an important role. If it appears that before making the statement the accused did not show due care and attention, in making inquiries before publication, that would defeat his plea of good faith. Thus, where he fails to show that there was any material or any rational basis for making the impugned statement, it must be held that he has failed to discharge this onus to substantiate the plea of good faith, even though he may not have been actuated by malice. In short, mere subjective belief, without any objective basis, would not be enough. Sanjay Ranade, Head, DCJ, UoM

146 Sanjay Ranade, Head, DCJ, UoM
5. At the same time, good faith does not require logical infallibility. The proper point to be decided is not whether the allegations put forward by the accused in support of the defamation are in substance true, but whether he was informed and had good reason after due care and attention to believe that such allegations were true. Sanjay Ranade, Head, DCJ, UoM

147 Sanjay Ranade, Head, DCJ, UoM
6. It follows that in deciding whether an accused acted in good faith under the 9th Exception it is not possible to lay down any rigid rule or test. It would be a question to be considered on the facts and circumstances of each case – what is the nature of imputation made; under what circumstances did it come to be made; are there reasons to accept his story that he acted with due care and attention and was satisfied that the imputations were true? How far erroneous statements are to be imputed to want of care and caution must, in each case, be considered with reference to the general circumstances and the capacity and intelligence of the person whose conduct is in question. Thus, the honest conclusions of a calm and philosophical mind may differ very largely from the honest conclusions of a person excited by sectarian zeal and untrained to habits of precise reasoning. Sanjay Ranade, Head, DCJ, UoM

148 Sanjay Ranade, Head, DCJ, UoM
7. In order to determine whether there was ‘good faith’ in a case coming under any of the Exceptions which uses the expression, the following questions become material: The circumstances under which the imputation or accusation was made; Whether there was malice; Whether the accused made any inquiry before he made the allegation; The position of the person making the imputation which will regulate the standard of ‘care and caution’ required for good faith. Sanjay Ranade, Head, DCJ, UoM

149 Sanjay Ranade, Head, DCJ, UoM
Fair comment As stated earlier, Exception 1 or 2 can be invoked only if the matter complained of is an expression of opinion, as distinguished from an assertion of facts. If the opinion purports to be based on facts, then the person claiming the benefit of these Exceptions must prove those facts. A comment cannot be fair which is built upon facts which are not truly stated. Sanjay Ranade, Head, DCJ, UoM

150 4th Exception: Proceedings of Courts -
This Exception immunises a) a report of b) proceedings before a Court of Justice provided c) such report is a substantially true report of the proceedings. It is to be noted that the protection relates to the proceedings before a ‘Court of Justice’ and not ‘judicial proceedings’, which is a wider expression. Sanjay Ranade, Head, DCJ, UoM

151 Sanjay Ranade, Head, DCJ, UoM
5th Exception: Opinion regarding merits of decided case or conduct of witnesses etc - This Exception gives immunity to the publication of any opinion relating to proceedings before a Court of Justice, on the following conditions: A. Relating to the merits of the case, provided a) the case has already been decided; b) the opinion is expressed in ‘good faith’. B. Relating to the conduct of any witness, party or agent in the proceeding or his character so far as it related to that conduct, provided it is expressed in ‘good faith’. Sanjay Ranade, Head, DCJ, UoM

152 6th Exception: Opinion respecting merits of any public performance -
Under this Exception, a newspaper or any other person would not be liable for expressing opinion regarding the merits of some public performance, provided – The expression of such opinion is in ‘good faith’; It relates to the merits of such performance or the character of the author in so far as such character appears in such performance; The performance in question, has been submitted to the judgement of all public either expressly or impliedly, eg., by the publication of a book, the performance of a drama or music on a public stage or gathering. Sanjay Ranade, Head, DCJ, UoM

153 8th Exception: Accusation in good faith to person in authority -
1. The two ingredients of this defence are – That the defamatory accusation was made in good faith and That the person to whom the accusation was made by the accused had lawful authority over the person defamed. A. Good faith - It is good faith and not truth, which is required for this defence. If the accused proves that he had good reason, after due care and attention to believe that the allegations were true and in that belief he made the accusation, he need not further prove that the accusation was in fact true. Sanjay Ranade, Head, DCJ, UoM

154 Sanjay Ranade, Head, DCJ, UoM
B. Person in lawful authority – In order to establish this ingredient, the accused must prove that the person to whom the accusation was made had lawful authority over the person against whom the accusation (in good faith) was made, and had authority to deal with the subject-matter, eg Accusation made to a parent regarding a child Accusation made to a master, regarding his servant Accusation made under the law before a magistrate. Sanjay Ranade, Head, DCJ, UoM

155 9th Exception: Protection of interest, private or public -
Under this Exception it is no defamation if the imputation on the character of another is made – a) In good faith, and b) (i) for the protection of the interest of the person making it, or of any other person or, ii) for the public good. Sanjay Ranade, Head, DCJ, UoM

156 Sanjay Ranade, Head, DCJ, UoM
Public Good Where the plea of ‘public good’ is taken by the accused, he must show both good faith and the public interest in making the statement. Hence, good faith in the formation or expression of an opinion can afford no protection to an imputation which does not purport to be based on that which is the legitimate subject of public comment. It is to be noted that if the private or public interest referred to in this Exception can be served by a private communication, a publication of the imputation in a newspaper would be an excessive use of the privilege and construed by the Court as indicating lack of good faith. Where the plea of ‘public good’ is taken an inquiry must be directed to the benefit that the publication has rendered or sought to render to the public or a section thereof, and suddenly, whether the matter did concern the public Both ‘good faith’ and ‘public good’ are questions of fact and must be proved like any other facts in issue. Sanjay Ranade, Head, DCJ, UoM

157 Who can complain for Defamation
While the general rule as to criminal proceedings is that any person can file a complaint as to the commission of an offence, the Criminal Procedure Code (1973) makes certain exceptions from this general rule, in the case of Defamation. The first is that contained in S 199(1) which says – “No court shall take cognizance of an offence punishable under Chapter XXI of the IPC except upon a complaint made by some person aggrieved by the offence: Provided that where such peso is under the age of 18 years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf. Sanjay Ranade, Head, DCJ, UoM

158 Sanjay Ranade, Head, DCJ, UoM
It is clear that if a complaint for defamation is filed by a person who is not the ‘aggrieved person’, the proceeding would be void, unless the person defamed is a minor, idiot, lunatic, woman or an infirm person, coming under the Proviso. The expression ‘aggrieved person’ also postulates that the person or persons defamed is or are identified. Where the persons alleged to have been defamed form an indefinite unidentifiable body, no individual can complain of the defamation unless he can definitely point out that he was directly aggrieved by the defamatory statement. Sanjay Ranade, Head, DCJ, UoM

159 Sanjay Ranade, Head, DCJ, UoM
1867 The earliest surviving enactment specifically directed against the Press was passed in 1867, the Press and Registration of Books Act (XXXV of 1867) [App V]. The object was however not to establish governmental control over the freedom of the Press. It was a regulatory law which enabled Government to regulate printing presses and newspapers by a system of registration and to preserve copies of books and other matter printed in India. Sanjay Ranade, Head, DCJ, UoM

160 Sanjay Ranade, Head, DCJ, UoM
This law, with modifications, continues to be in force today. This law provided that no press could be started by any person unless he had declared himself as keeper of such a press before a magistrate giving his address and other details. No newspaper could be published unless the publisher made a similar declaration. The object of this provision was to fix responsibility for the publication of a newspaper or book so that if the law was violated, the offender could be punished. Sanjay Ranade, Head, DCJ, UoM

161 THE PRESS AND REGISTRATION OF BOOKS ACT, 1867 or the PRB Act
An Introduction During the rein of the British Government in India writing of books and other informatory material took a concrete shape and with the advent of printing presses various books on almost all the subjects and periodicals touching every aspect of life started appearing. Thrust on education gave an impetus to this with the result that lot of printed material became available. Those in the field of writing, publishing and printing gave a thought to organise a system for keeping a record of the publications. Sanjay Ranade, Head, DCJ, UoM

162 Sanjay Ranade, Head, DCJ, UoM
The then East India Company was urged to keep a record of the publications. An attempt was made by the authorities to make a collection of the books and other publications emanating from the various printing presses throughout India. The Board of Directors of the East India Company issued an instruction that copies of every important and interesting work published in India should be dispatched to England to be deposited in the library of India House. Sanjay Ranade, Head, DCJ, UoM

163 Sanjay Ranade, Head, DCJ, UoM
The instruction had a slow impact. Again the Royal Asiatic Society in London urged the then Secretary of State for India to repeat the instruction of the late Board of Directors of East India Company and also desired that catalogues of all the works published in India should be sent to England. A system of voluntary registrations of publications was evolved but it failed. It was found necessary to establish a system of compulsory sale to Government, of three copies of each work in India. To achieve this purpose a Bill was introduced in the Legislature for the regulation of printing presses and newspaper for the preservation of copies of books and periodicals containing news printed in the whole of India and for the registration of such books and periodicals containing news. Sanjay Ranade, Head, DCJ, UoM

164 Sanjay Ranade, Head, DCJ, UoM
ACT 25 OF 1867 The Bill was passed by the Legislature and it came on the statute book as the Press and Registration of Books Act, 1867 (25 of 1867). An Act for the regulation of Printing - presses and Newspapers, for the preservation of copies of books [and newspapers] printed in [India], and for the registration of such books [and newspapers]. Sanjay Ranade, Head, DCJ, UoM

165 Sanjay Ranade, Head, DCJ, UoM
PART I PRELIMINARY Interpretation-clause – In this Act, unless there shall be something repugnant in the subject or context,- "Book" includes every volume, part of division of a volume, and pamphlet, in any language, and every sheet of music, map, chart of plan separately printed. ["editor" means the person who controls the selection of the matter that is published in a newspaper;] "Magistrate" means any person exercising the full powers of a 9Magistrate, and includes a 10 Magistrate of police ["newspaper" means any printed periodical work containing public news or comments on public news;] ["paper" means any document, including a newspaper, other than a book; "Press Registrar" means the Registrar of Newspapers for India appointed by the Central Government under section 19A and includes any other person appointed by the Central Government to perform all or any of the functions of the Press Registrar. Sanjay Ranade, Head, DCJ, UoM

166 Sanjay Ranade, Head, DCJ, UoM
COMMENTS (i) Where a person does not fulfil the conditions of "Editor" as provided in section I and does not perform the functions of an editor whatever may be his description or designation, the provisions of the Act would have no application; Haji C.H. Mohammad Koya V.T.K.S.M.A. Muthukoya, AIR 1979 SC154. (ii) Pamphlets giving predictions of lucky figures, numbers or dates and only stray news items cannot be considered as a newspaper; Commissioner of Sales Tax Vs. Express Printing Press, AIR 1983 Bom 190:1983 Tax LR 2871 (FB). Sanjay Ranade, Head, DCJ, UoM

167 PART II OF PRINTING PRESSES AND NEWSPAPERS
Particulars to be printed on books and papers - Every book or paper printed within [India] shall have printed legibly on it the name of the printer and the place of printing, and (if the book or paper be published) [the name] of the publisher, and the place of publication. Sanjay Ranade, Head, DCJ, UoM

168 Sanjay Ranade, Head, DCJ, UoM
COMMENTS (i) The section only refers to the printing of a book and not its publication. Therefore the publication of a book which is not printed to conformity with the rule contained in section 3 is not an offence under section 3 read with section 12; Abdul Hakim V. State of Uttar Pradesh, AIR 1960 All 450: 1960 Cr.L.J (ii) Section 3 of the Act not violative of Article 19 (1) (a) of the Constitution as it does not in any way restrict the freedom if expression; In re: G. Alavander, AIR 1957 Mad 427. Sanjay Ranade, Head, DCJ, UoM

169 Sanjay Ranade, Head, DCJ, UoM
Keeper of printing press to make declaration – No person shall within [India], keep in his possession any press for the printing of books or papers, who shall not have made and subscribed the following declaration before [the District, Presidency or Sub-divisional Magistrate] within whose local jurisdiction such press may be: "I, A.B., declare that I have a press for printing at_____”. This last blank shall be filled up with a true and precise description of the place where such press may be situate. Sanjay Ranade, Head, DCJ, UoM

170 Sanjay Ranade, Head, DCJ, UoM
2. As often as the place where a press is kept is changed, a new declaration shall be necessary: Provided that where the change is for a period not exceeding sixty days and the place where the press is kept after the change is within the local jurisdiction of the Magistrate referred to in sub-section (1), no new declaration shall be necessary if— a.       a statement relating to the change is furnished to the said Magistrate within twenty four hours thereof; and b.      the keeper of the press continues to be the same. Sanjay Ranade, Head, DCJ, UoM

171 Sanjay Ranade, Head, DCJ, UoM
COMMENTS A declared keeper of the press is not necessarily the owner thereof so as to be able to confer title to the press upon another. The ownership of the press is a matter of the general law and must follow the law; S.S. Apparao v. B.Lakshminarayana, AIR 1962 SC 586: 1962 (1) Cr.L.J. 518. Sanjay Ranade, Head, DCJ, UoM

172 Sanjay Ranade, Head, DCJ, UoM
Rules as to publication of newspapers - No [newspaper] shall be published in [India], except in conformity with the rules hereinafter laid down: Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication. The printer and the publisher of every such [newspaper] shall appear [in person or by agent authorised in this behalf in accordance with rules made under section 20, before a District, Presidency or Sub-divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published and shall make and subscribe, in duplicate, the following declaration: "I AB., declare that I am the printer (or publisher, or printer and publisher) of the 5[newspaper] entitled--7[and to be printed or published, or to be printed and published], as the case may be at—". Every declaration under rule (2) shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication and shall contain such other particulars as may be prescribed. Sanjay Ranade, Head, DCJ, UoM

173 Sanjay Ranade, Head, DCJ, UoM
Where the printer or publisher of a newspaper making a declaration under rule is not the owner thereof, the declaration shall specify the name of the owner and shall also be accompanied by an authority in writing from the owner authorising such person to make and subscribe such declaration. A declaration in respect of a newspaper made under rule (2) and authenticated under section 6 shall be necessary before the newspaper can be published. Where the title of any newspaper or its language or the periodicity of its publication is changed, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued. As often as the ownership of a newspaper is changed, a new declaration shall be necessary. Sanjay Ranade, Head, DCJ, UoM

174 Sanjay Ranade, Head, DCJ, UoM
As often as the place of printing or publication is changed, a new declaration shall be necessary: Provided that where the change is for a period not exceeding thirty days and the place of printing or publication after the change is within the local jurisdiction of the Magistrate referred to in rule (2), no new declaration shall be necessary if - a.       a statement relating to the change is furnished to the said Magistrate within twenty four hours thereof; and b.      the printer or publisher or the printer and publisher of the newspaper continues to be the same. Sanjay Ranade, Head, DCJ, UoM

175 Sanjay Ranade, Head, DCJ, UoM
As often as the printer or the publisher who shall have made such declaration as is aforesaid shall leave India for a period exceeding ninety days or where such printer or publisher is by infirmity or otherwise rendered incapable of carrying out his duties for a period exceeding ninety days in circumstances not involving the vacation of his appointment, a new declaration shall be necessary. Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication— a.       within six weeks [of the authentication of the declaration under section 6], in the case of a newspaper to be published once a week or oftener; and b.      within three months [of the authentication of the declaration under section 6], in the case of any other newspaper. and in every such case, a new declaration shall be necessary before the newspaper can be published. Sanjay Ranade, Head, DCJ, UoM

176 Sanjay Ranade, Head, DCJ, UoM
Where, in any period of three months, any daily, tri-weekly, bi-weekly, weekly or fortnightly newspaper publishes issues the number of which is less than half of what should have been published in accordance with the declaration made in respect thereof, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued. Where any other newspaper has ceased publication for a period, exceeding twelve months, every declaration made in respect thereof shall cease to have effect, and a new declaration shall be necessary before the newspaper can be re-published. Sanjay Ranade, Head, DCJ, UoM

177 Sanjay Ranade, Head, DCJ, UoM
Every existing declaration in respect of a newspaper shall be cancelled by the Magistrate before whom a new declaration is made and subscribed in respect of the same:] Provided that no person [who does not ordinarily reside in India, or] who has not attained majority in accordance with the provisions of the Indian Majority Act, 1875 (9 of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper. Sanjay Ranade, Head, DCJ, UoM

178 Sanjay Ranade, Head, DCJ, UoM
Keepers of printing presses and printers and publishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period – No person who has made and subscribed a declaration in respect of any press under section 4 of the Jammu and Kashmir State Press and Publications Act, s.1989 (Jammu and Kashmir Act, No.I of S. 1989) shall keep the press in his possession for the printing of books or papers [after the 31st day of December, 1968, unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that press under section 4 of this Act. (2) Every person who has subscribed to any declaration in respect of a newspaper under section 5 of the Jammu and Kashmir State Press Publications Act, S.1989 (Jammu and Kashmir Act, No.1 of S.1989) shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration [after the 31st day of December, 1968 unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that newspaper under rule (2) of the rules laid down in section 5 of this Act.] Sanjay Ranade, Head, DCJ, UoM

179 Sanjay Ranade, Head, DCJ, UoM
Authentication of declaration Each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the signature and official seal of the Magistrate before whom the said declaration shall have been made: Provided that where any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case of newspapers owned by the same person, be so authenticated unless the Magistrate [is, on inquiry from the Press Registrar, satisfied] that the newspaper proposed to be published does not bear a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State.] Sanjay Ranade, Head, DCJ, UoM

180 Sanjay Ranade, Head, DCJ, UoM
Deposit. One of the said originals shall be deposited among the records of the office of the Magistrate, and the other shall be deposited among the records of the High Court of Judicature, or [other principal Civil Court of original jurisdiction for the place where] the said declaration shall have been made. Sanjay Ranade, Head, DCJ, UoM

181 Sanjay Ranade, Head, DCJ, UoM
Inspection and supply of copies The Officer-in-charge of each original shall allow any person to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said declaration, attested by the seal of the Court which has the custody of the original, on payment of a fee of two rupees. A copy of the declaration attested by the official seal of the Magistrate, or a copy of the order refusing to authenticate the declaration, shall be forwarded as soon as possible to the person making and subscribing the declaration and also to the Press Registrar. Sanjay Ranade, Head, DCJ, UoM

182 Sanjay Ranade, Head, DCJ, UoM
Office copy of declaration to be prima facie evidence – In any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is aforesaid, attested by the seal of some Court empowered by this Act to have the custody of such declaration, [or, in the case of the editor, a copy of the newspaper containing his name printed on it as that of the editor] shall be held (unless the contrary be proved) to be sufficient evidence, as against the person whose name shall be subscribed to such declaration, [or printed on such newspaper, as the case may be] that the said person was printer or publisher, or printer and publisher (according as the words of the said declaration may be) of every portion of every [newspaper] whereof the title shall correspond with the title of the [newspaper] mentioned in the declaration, [or the editor of every portion of that issue of the newspaper of which a copy is produced]. Sanjay Ranade, Head, DCJ, UoM

183 Sanjay Ranade, Head, DCJ, UoM
COMMENTS (i) If there are no allegations against petitioners-executive editor, managing editor and resident editor showing that they have any hand in selection of matter that is published in newspaper then presumption under section 7 of the Act against them is not attracted and order issuing process against petitioners to face trial for defamation is not proper. Prabhu Chawla v.A.U. Sheriff, 1995 Cr.L.J (Kant). (ii) The presumption under section 7 of the Act is only against the person whose name is printed as ‘Editor’ as required under section 5(1);K.M. Mathew v. State of Kerala, AIR 1992 SC 2206. (iii) Presumption as to awareness of contents of newspapers can be raised only against the editor whose name appears in declaration published in newspaper; S. Nihal Singh v. Arjun Das, 1983 Cr.L.J. 777. Sanjay Ranade, Head, DCJ, UoM

184 Sanjay Ranade, Head, DCJ, UoM
New declaration by persons who have signed a declaration and subsequently ceased to be printers or publishers – If any person has subscribed to any declaration in respect of a newspaper under section 5 and the declaration has been authenticated by a Magistrate under section 6 and subsequently that person ceases to be the printer or publisher of the newspaper mentioned in such declaration, he shall appear before any District, Presidency or Sub-divisional Magistrate, and make and subscribe in duplicate the following declaration: "I, A.B., declare that I have ceased to be the printer or publisher or printer and publisher of the newspaper entitled—". Sanjay Ranade, Head, DCJ, UoM

185 Sanjay Ranade, Head, DCJ, UoM
Authentication and filing - Each original of the latter declaration shall be authenticated by the signature and seal of the Magistrate before whom the said latter declaration shall have been made, and one original of the said latter declaration shall be filed along with each original of the former declaration. Sanjay Ranade, Head, DCJ, UoM

186 Sanjay Ranade, Head, DCJ, UoM
Inspection and supply of copies. The Officer-in-charge of each original of the latter declaration shall allow any person applying to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said latter declaration, attested by the seal of the Court having custody of the original, on payment of a fee of two rupees. Sanjay Ranade, Head, DCJ, UoM

187 Sanjay Ranade, Head, DCJ, UoM
Putting copy in evidence. In all trials in which a copy, attested as is aforesaid, of the former declaration shall have been put in evidence, it shall be lawful to put in evidence a copy, attested as is aforesaid, of the latter declaration, and the former declaration shall not be taken to be evidence that the declarant was, at any period subsequent to the date of the latter declaration, printer or publisher of the 1[newspaper] therein mentioned. 2[A copy of the latter declaration attested by the official seal of the Magistrate shall be forwarded to the Press Registrar.] Sanjay Ranade, Head, DCJ, UoM

188 Sanjay Ranade, Head, DCJ, UoM
Person whose name has been incorrectly published as editor may make a declaration before a Magistrate. If any person, whose name has appeared as editor on a copy of newspaper, claims that he was not the editor of the issue on which his name has so appeared, he may, within two weeks of his becoming aware that his name has been so published, appear before a District, Presidency or Sub-divisional Magistrate and make a declaration that his name was incorrectly published in that issue as that of the editor thereof, and if the Magistrate after making such inquiry or causing such inquiry to be made as he may consider necessary is satisfied that such declaration is true, he shall certify accordingly, and on that certificate being given the provisions of section 7 shall not apply to that person in respect of that issue of the newspaper. The Magistrate may extend the period allowed by this section in any case where he is satisfied that such person was prevented by sufficient cause from appearing and making the declaration within that period.] Sanjay Ranade, Head, DCJ, UoM

189 Sanjay Ranade, Head, DCJ, UoM
COMMENTS When a person’s name is printed in the newspaper as its editor, then rebutable presumption under section 7 can be drawn only against such editor, but when a person is not shown in the paper to be its editor no presumption under section 7 can be drawn and it must be held that he has no concern with the publishing;Haji C.H. Mohammad Koya v.T.K.S.M.A. Muthukoya, AIR 1979 SC154. Sanjay Ranade, Head, DCJ, UoM

190 Sanjay Ranade, Head, DCJ, UoM
Cancellation of declaration. If, on an application made to him by the Press Registrar or any other person or otherwise, the Magistrate empowered to authenticate a declaration under this Act, is of opinion that any declaration made in respect of a newspaper should be cancelled, he may, after giving the person concerned an opportunity of showing cause against the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by such person and after giving him an opportunity of being heard, he is satisfied that— i.   the newspaper, in respect of which the declaration has been made is being published in contravention of the provisions of this Act or rules made thereunder; ii.  the newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State; or iii.  the printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in such declaration; or iv. the declaration was made on false representation or on the concealment of any material fact or in respect of a periodical work which is not a newspaper; v. the Magistrate may, by order, cancel the declaration and shall forward as soon as possible a copy of the order to the person making or subscribing the declaration and also to the Press Registrar. Sanjay Ranade, Head, DCJ, UoM

191 Sanjay Ranade, Head, DCJ, UoM
Appeal.- Any person aggrieved by an order of a Magistrate refusing to authenticate a declaration under section 6 or cancelling a declaration under section 8B may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the Appellate Board to be called the Press and Registration Appellate Board [consisting of a Chairman and another member to be nominated by the Press Council of India, established under section 4 of the Press Council Act, 1978 (37 of 1978), from among its members]; Provided that the appellate Board may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) On receipt of an appeal under this section, the Appellate Board may, after calling for the records from the Magistrate and after making such further inquiries as it thinks fit, confirm, modify or set aside the order appealed against. (3) Subject to the provisions contained in sub-section (2), the Appellate Board may, by order, regulate its practice and procedure. (4) The decision of the Appellate Board shall be final. Sanjay Ranade, Head, DCJ, UoM

192 PART III DELIVERY OF BOOKS
Copies of books printed after commencement of Act to be delivered gratis to Government. Printed copies of the whole of every book which shall be printed in [India] after this Act shall come into force, together with all maps, prints or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same, shall, notwithstanding any agreement (if the book be published) between the printer and publisher thereof, be delivered by the printer at such place and to such officer as the State Government shall, by notification in the Official Gazette, from time to time direct, and free of expense to the Government, as follows, that is to say:- a.       in any case, within one calendar month after the day on which any such book shall first be delivered out of the press, one such copy, and, b.      if within one calendar year from such day the State Government shall require the printer to deliver other such copies not exceeding two in number, then within one calendar month after the day on which any such requisition shall be made by the State Government on the printer, another such copy, or two other such copies, as the State Government may direct, the copies so delivered being bound, sewed or stitched together and upon the best paper on which any copies of the book shall be printed . Sanjay Ranade, Head, DCJ, UoM

193 Sanjay Ranade, Head, DCJ, UoM
The publisher or other person employing the printer shall, at a reasonable time before the expiration of the said month, supply him with all maps, prints and engravings finished and coloured as aforesaid, which may be necessary to enable him to comply with the requirements aforesaid. Nothing in the former part of this section shall apply to—     i. any second or subsequent edition of a book in which edition no additions or alterations either in the letter-press or in the maps, prints or other engravings belonging to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this Act, or    ii. any [newspaper] published in conformity with the rules laid down in section 5 of this Act. Sanjay Ranade, Head, DCJ, UoM

194 Sanjay Ranade, Head, DCJ, UoM
Receipt for copies delivered under section 9. The officer to whom a copy of a book is delivered under the last foregoing section shall give to the printer a receipt in writing therefor. Sanjay Ranade, Head, DCJ, UoM

195 Sanjay Ranade, Head, DCJ, UoM
Disposal of copies delivered under section 9. The copy delivered pursuant to clause (a) of the first paragraph of section 9 of this Act shall be disposed of as the State Government shall from time to time determine. Any copy or copies delivered pursuant to clause (b) of the said paragraph shall be [transmitted to the Central Government] Sanjay Ranade, Head, DCJ, UoM

196 Sanjay Ranade, Head, DCJ, UoM
Copies of newspapers printed in India to be delivered gratis to Government. The printer of every newspaper in [India] shall deliver at such place and to such officer as the State Government may, by notification in the Official Gazette, direct, and free of expense to the Government, two copies of each issue of such newspaper as soon as it is published.] Sanjay Ranade, Head, DCJ, UoM

197 Sanjay Ranade, Head, DCJ, UoM
Copies of newspapers to be delivered to Press Registrar. Subject to any rules that may be made under this Act, the publisher of every newspaper in India shall deliver free of expense to the Press Registrar one copy of each issue of such newspaper as soon as it is published. Sanjay Ranade, Head, DCJ, UoM

198 Sanjay Ranade, Head, DCJ, UoM
PART IV PENALTIES Penalty for printing contrary to rule in section 3. Whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in Section 3 of this Act, shall, on conviction before a Magistrate, be punished by fine not exceeding [two thousand] rupees, or by simple imprisonment for a term not exceeding [ six months], or by both. Sanjay Ranade, Head, DCJ, UoM

199 Sanjay Ranade, Head, DCJ, UoM
COMMENTS An author of a printed pamphlet who is a literate person and who admits that he has written the subject matter dealt with in the printed pamphlet, cannot escape liability by merely saying that he is not connected with the press or having anything to do with its actual printing, Biman Chandra v. State, AIR 1970 Assam 128:1970 Cr.L.J (FB). Sanjay Ranade, Head, DCJ, UoM

200 Sanjay Ranade, Head, DCJ, UoM
Penalty for keeping press without making declaration required by section 4. Whoever shall keep in his possession any such press as aforesaid 3[In contravention of any of the provisions contained in section 4 of this Act], shall, on conviction before a Magistrate, be punished by fine not exceeding [two thousand] rupees, or by simple imprisonment for a term not exceeding [six months] or by both. Sanjay Ranade, Head, DCJ, UoM

201 Sanjay Ranade, Head, DCJ, UoM
Punishment for making false statement. Any person who shall, in making [any declaration or other statement] under the authority of this Act, make a statement which is false, and which he either knows or believes to be false, or does not believe to be true, shall on conviction before a Magistrate, be punished by fine not exceeding 1[two thousand] rupees, and imprisonment for a term not exceeding [six months]. Sanjay Ranade, Head, DCJ, UoM

202 Sanjay Ranade, Head, DCJ, UoM
Penalty for printing or publishing newspaper without conforming to rules.--  (1)]Whoever shall [edit], print or publish [newspaper], without conforming to the rules hereinbefore laid down, or whoever shall [edit], print or publish, or shall cause to be [edited], printed or published any [newspaper], knowing that the said rules have not been observed with respect to [that newspaper], shall, on conviction before a magistrate, be punished with fine not exceeding [two thousand] rupees, or imprisonment for a term not exceeding [six months] or both. (2) Where an offence is committed in relation to a newspaper under sub-section (1), the Magistrate may, in addition to the punishment imposed under the said sub-section, also cancel the declaration in respect of the newspaper. Sanjay Ranade, Head, DCJ, UoM

203 Sanjay Ranade, Head, DCJ, UoM
Penalty for failure to make a declaration under section 8. If any person who has ceased to be a printer or publisher of any newspaper fails or neglects to make a declaration in compliance with section 8, he shall, on conviction before a Magistrate, be punishable by fine not exceeding two hundred rupees. Sanjay Ranade, Head, DCJ, UoM

204 Sanjay Ranade, Head, DCJ, UoM
Penalty for not delivering books or not supplying printer with maps. If any printer of any such book as is referred to in section 9 of this Act shall neglect to deliver copies of the some pursuant to that section, he shall for every such default forfeit to the Government such sum not exceeding fifty rupees as a Magistrate having jurisdiction in the place where the book was printed may, on the application of the officer to whom the copies should have been delivered or of any person authorised by that officer in this behalf, determine to be in the circumstances a reasonable penalty for the default, and , in addition to such sum, such further sum as the Magistrate may determine to the value of the copies which the printer ought to have delivered. If any publisher or other person employing any such printer shall neglect to supply him, in the matter prescribed in the second paragraph of section 9 of this Act with the maps, prints or engravings which may be necessary to enable him to comply with the provisions of that section, such publisher or other person shall for every such default forfeit to the Government such sum not exceeding fifty rupees as such a Magistrate as aforesaid may, on such an application as aforesaid, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be the value of the maps, prints or engravings which such publisher or other person ought to have supplied.] Sanjay Ranade, Head, DCJ, UoM

205 Sanjay Ranade, Head, DCJ, UoM
Penalty for failure to supply copies of newspapers gratis to Government. If any printer of any newspaper published in [India] neglects to deliver copies of the same in compliance with section 11A, he shall, on the complaint of the officer to whom copies should have been delivered or of any person authorised by that officer in this behalf, be punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, with fine which may extend to fifty rupees for every default. Sanjay Ranade, Head, DCJ, UoM

206 Sanjay Ranade, Head, DCJ, UoM
Penalty for failure to supply copies of newspapers to Press Registrar. If any publisher of any newspaper published in India neglects to deliver copies of the same in compliance with section 11B, he shall, on the complaint of the Press Registrar, be punishable, on conviction by Magistrate having jurisdiction in the place where the newspaper was printed, by fine which may extend to fifty rupees for every default. Sanjay Ranade, Head, DCJ, UoM

207 Sanjay Ranade, Head, DCJ, UoM
Recovery of forfeitures and disposal thereof and of fines. Any sum forfeited to the Government under [section 16] may be recovered, under the warrant of the Magistrate determining the sum, or of his successor in office, in the manner authorised by the [Code of Criminal Procedure (10 of 1882) for the time being in force, and within the period prescribed by the Indian Penal Code (45 of 1860), for the levy of a fine. Sanjay Ranade, Head, DCJ, UoM

208 PART V REGISTRATION OF BOOKS
Sanjay Ranade, Head, DCJ, UoM

209 Sanjay Ranade, Head, DCJ, UoM
Registration of memoranda of books. There shall be kept at such office, and by such officer as the State Government shall appoint in this behalf, a book to be called Catalogue of Books printed in 1[India] , wherein shall be registered a memorandum of every book which shall have been delivered 2[pursuant to clause (a) of the first paragraph of section9] of this Act. Such memorandum shall (so far as may be practicable) contain the following particulars (that is to say):-- the title of the book and the contents of the title-page, with a translation into English of such title and contents, when the same are not in the English language; the language in which the book is written; the name of the author, translator, or editor of the book of any part thereof; the subject; the place of printing and the place of publication; the name of firm of the printer and the name of firm of the publisher; the date of issue from the press or of the publication; the number of sheets, leaves or pages; the size; the first, second or other number of the edition; the number of copies of which the edition consists; whether the book is printed 3[cyclostyled or lithographed]; the price at which the book is sold to the public; and the name and residence of the proprietor of the copyright or of any portion of such copyright. Such memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of the 4[copy thereof pursuant to clause (a) of the first paragraph of section 9] Sanjay Ranade, Head, DCJ, UoM

210 Sanjay Ranade, Head, DCJ, UoM
Publication of memoranda registered. The memoranda registered during each quarter in the said Catalogue shall be published in the Official Gazette, as soon as may be after the end of such quarter, and a copy of the memoranda so published shall be sent to the Central Government Sanjay Ranade, Head, DCJ, UoM

211 PART VA] REGISTRATION OF NEWSPAPERS
Appointment of Press Registrar and other officers. The Central Government may appoint a Registrar of newspapers for India and such other officers under the general superintendence and control of the Press Registrar as may be necessary for the purpose of performing the functions assigned to them by or under this Act, and may, by general or special order, provide for the distribution of allocation of functions to be performed by them under this Act. Sanjay Ranade, Head, DCJ, UoM

212 Sanjay Ranade, Head, DCJ, UoM
Register of newspaper.-- (1) The Press Registrar shall maintain in the prescribed manner a Register of newspapers. (2) The Register shall, as for as may be practicable, contain the following particulars about every newspaper published in India, namely:-- Sanjay Ranade, Head, DCJ, UoM

213 Sanjay Ranade, Head, DCJ, UoM
a.       the title of the newspaper; b.      the language in which the newspaper is published; c.       periodicity of the publication of the newspaper; d.      the name of the editor, printer and publisher of the newspaper; e.       the place of printing and publication; f.        the average number of pages per week; g.       the number of day of publication in the year; h.       the average number of copies printed, the average number of copies sold to the public and the average number of copies distributed free to the public, the average being calculated with reference to such period as may be prescribed; i.         retail selling price per copy; j.        the names and addresses of the owners of the newspaper and such other particulars relating to ownership as may be prescribed; k.      any other particulars which may be prescribed. Sanjay Ranade, Head, DCJ, UoM

214 Sanjay Ranade, Head, DCJ, UoM
(3) On receiving information from time to time about the aforesaid particulars, the Press Registrar shall cause relevant entries to be made in the Register and may make such necessary alterations or corrections therein as may be required for keeping the Register up-to-date. Sanjay Ranade, Head, DCJ, UoM

215 Sanjay Ranade, Head, DCJ, UoM
Certificate of Registration. On receiving from the Magistrate under section 6 a copy of the declaration in respect of a newspaper [and on the publication of such newspaper, the Press Registrar shall], as soon as practicable thereafter, issue a certificate of registration in respect of that newspaper to the publisher thereof. Sanjay Ranade, Head, DCJ, UoM

216 Sanjay Ranade, Head, DCJ, UoM
Annual statement, etc., to be furnished by newspapers. It shall be the duty of the publisher of every newspaper.— a.       to furnish to the Press Registrar an annual statement in respect of the newspaper at such time and containing such of the particulars referred to in sub-section (2) of section 19B as may be prescribed; b.      to publish in the newspaper at such times and such of the particulars relating to the newspaper referred to in sub-section (2) of section 19B as may be specified in this behalf by the Press Registrar.   Sanjay Ranade, Head, DCJ, UoM

217 Sanjay Ranade, Head, DCJ, UoM
COMMENTS Where the printer and publisher of a newspaper, refused to resign and to discharge their duties as printers and publishers and the Manager and Editor of the paper, filed the declaration under section 19-D, in the name of the Publishers, the Manager and the Editor, were not liable for offence either under section 465 or under section 471 of the Indian Penal Code; R.R. Diwakar v.B.Guttal, 1975 Cr.L.J.90. Sanjay Ranade, Head, DCJ, UoM

218 Sanjay Ranade, Head, DCJ, UoM
Returns and reports to be furnished by newspapers. The publisher of every newspaper shall furnish to the Press Registrar such returns, statistics and other information with respect to any of the particulars referred to in sub-section (2) of section 19B as the Press Registrar may from time to time require. Sanjay Ranade, Head, DCJ, UoM

219 Sanjay Ranade, Head, DCJ, UoM
Right of access to records and documents. The Press Registrar or any gazetted officer authorised by him in writing in this behalf shall, for the purpose of the collection of any information relating to a newspaper under this Act, have access to any relevant record or document relating to the newspaper in the possession of the publisher thereof, and may enter at any reasonable time any premises where he believes such record or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished under this Act. Sanjay Ranade, Head, DCJ, UoM

220 Sanjay Ranade, Head, DCJ, UoM
Annual report The Press Registrar shall prepare, in such form and at such time each year as may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the newspapers in India and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the Central Government. Sanjay Ranade, Head, DCJ, UoM

221 Sanjay Ranade, Head, DCJ, UoM
Furnishing of copies of extracts from Register. On the application of any person for the supply of the copy of any extract from the Register and on payment of such fee as may be prescribed, the Press Registrar shall furnish such copy to the applicant in such form and manner as may be prescribed. Sanjay Ranade, Head, DCJ, UoM

222 Sanjay Ranade, Head, DCJ, UoM
Delegation of powers Subject to the provisions of this Act and regulations made thereunder, the Press Registrar may delegate all or any of his powers under this Act to any officer subordinate to him. Sanjay Ranade, Head, DCJ, UoM

223 Sanjay Ranade, Head, DCJ, UoM
Press Registrar and other officers to be public servants. The Press Registrar and all officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). Sanjay Ranade, Head, DCJ, UoM

224 Sanjay Ranade, Head, DCJ, UoM
Penalty for improper disclosure of information. If any person, engaged in connection with the collection of information under this Act willfully discloses any information or the contents of any return given or furnished under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code (45 of 1860), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.] Sanjay Ranade, Head, DCJ, UoM

225 Sanjay Ranade, Head, DCJ, UoM
PART VI MISCELLANEOUS Power of State Government to make rules. (1) The State Government may, by notification in the Official Gazette, make such rules (not inconsistent with the rules made by the Central Government under section 20A) as may be necessary or desirable for carrying out the objects of this Act. (2) Every rule made by the Statement Government under this section shall be laid, as soon as may be after it is made, before the State Legislature. Sanjay Ranade, Head, DCJ, UoM

226 Sanjay Ranade, Head, DCJ, UoM
Power of Central Government to make rules - The Central Government may, by notification in the Official Gazette, make rules – Sanjay Ranade, Head, DCJ, UoM

227 Sanjay Ranade, Head, DCJ, UoM
a.       prescribing the particulars which a declaration made and subscribed under section 5 may contain; [and the form and manner in which the names of the printer, publisher, owner and editor of a newspaper and the place of its printing and publication may be printed on every copy of such newspaper]; (a) prescribing the manner in which copies of any declaration attested by the official seal of a Magistrate or copies of any order refusing to authenticate any declaration may be forwarded to the person making and subscribing the declaration and to the Press Registrar.] (b) prescribing the manner in which copies of any newspaper may be sent to the Press Registrar under section 11B; (c) prescribing the manner in which a Register may be maintained under section 19B and the particulars which it may contain; b.       prescribing the particulars in which an annual statement to be furnished by the publisher of a newspaper to the Press Registrar may contain; c.      prescribing the form and manner in which an annual statement under clause (a) of section 19D, or any returns, statistics or other information under section 19E, may be furnished to the Press Registrar; d.       prescribing the fees for furnishing copies of extracts from the Register and the manner in which such copies may be furnished; Sanjay Ranade, Head, DCJ, UoM

228 Sanjay Ranade, Head, DCJ, UoM
1878 The most controversial law against the press was passed during the vice royalty of Lord Lytton and it was restricted to the Indian-owned language press. Edward Robert Lytton Bulwer-Lytton was the 1st Earl of Lytton, an English statesman and a poet who wrote under the pen name of Owen Meredith. The law, called “An Act for the better control of publications in oriental languages – 1878”, was better known as the Vernacular Press Act. It was specifically directed against newspapers published in Indian languages, for punishing and suppressing seditious writings, empowered the Government, for the first time, to issue search warrants and to enter the premises of any Press, even without orders from any Court. Sanjay Ranade, Head, DCJ, UoM

229 Sanjay Ranade, Head, DCJ, UoM
The law was provoked by the writings in the Bengali language press which were characterised by immoderation of language and character assassination. Lytton assumed office at a time when serious discussion was going on both in Britain and India among officials on the need for action against the language press. Among the two newspapers frequently mentioned in the official minutes as offending organs were the Amrit Bazar Patrika and the Halishahar Patrika. It was said that these journals needed dealing with but would gain considerable publicity and popularity if court proceedings were instituted against them. The Amrit Bazar Patrika got itself out of the clutches of the Act by converting itself into an English weekly overnight. Sanjay Ranade, Head, DCJ, UoM

230 Sanjay Ranade, Head, DCJ, UoM
The Act empowered any magistrate of a district or a commissioner of police in a Presidency town to call upon a printer and publisher of a newspaper to furnish a bond undertaking not to publish certain kind of material, to demand security and to forfeit it if it was thought fit, and to confiscate any printed matter deemed objectionable. No printer or publisher against whom such action had been taken could resort to a court of law. Sanjay Ranade, Head, DCJ, UoM

231 Sanjay Ranade, Head, DCJ, UoM
The government could under the Act serve notice on the proprietor that his newspaper had printed seditious matter or incited to felony and follow it up after two days in the case of a daily newspaper and seven days in the case of a weekly with confiscation, if the offence was repeated either in the same newspaper or in any other paper published in the same press by the same proprietor or printer. The law required all native proprietors to furnish a bond of Rs 10,000 while registering their papers, which was subject to forfeiture if an offence was committed. Sanjay Ranade, Head, DCJ, UoM

232 Sanjay Ranade, Head, DCJ, UoM
The reason given for taking action specifically against the language press was that they ‘circulated among people who were likely to believe anything they read whereas those who could read English papers were capable of judging the contents themselves’. Sanjay Ranade, Head, DCJ, UoM

233 Sanjay Ranade, Head, DCJ, UoM
Introducing the Bill in the Legislative Council, the legal member of the government said: There is a large and increasing class of native newspapers which would seem to exist only for the sake of spreading seditious principles, bringing the government and its European officers into contempt and of exciting antagonism between the governing race and the people of the country…Their principal topics are the injustice and tyranny of the British Government, its utter want of consideration towards its native subjects and the insolence and pride of Englishmen in India, both official and non-official. Sanjay Ranade, Head, DCJ, UoM

234 Sanjay Ranade, Head, DCJ, UoM
The Act evoked widespread opposition among Indians and was criticised by Liberals in Britain. As one writer put it… Since 1835, when Macaulay as legal member of the Viceroy’s Council had released the Indian press from all censorship, Indians had come to regard a free press as a sacred right. In 1878, there were 200 language papers in as many languages. The press had been muzzled during the Mutiny but the restrictions then had been imposed equally on English and vernacular papers and had been withdrawn after the restoration of law and order. Sanjay Ranade, Head, DCJ, UoM

235 Another foreign observer wrote….
In the 18 years since the Crown had taken over the Government of India, two of its most cherished democratic institutions had been introduced into the country – education and a free press…. More and more newspapers were being started. There were papers in English and English editors, in English with Indian editors and dozens in Indian languages. In consequence, there had grown up for the first time an educated middle class whose voice could be heard in editorials and letters to the various newspapers and who had become sensitively aware of the racial discrimination practiced against them by the British….The growing number of young men with degrees with Indian universities could never hope to rise above the lowest rungs of their own country as tax collectors, magistrates and judges in lower courts dealing in cases involving only other Indians for no Europeans would have tolerated a ‘nigger’ sitting in judgement over him. Sanjay Ranade, Head, DCJ, UoM

236 Sanjay Ranade, Head, DCJ, UoM
In a letter to Lord Salisbury, secretary of state for India, in 1877, a year before the enactment of the Vernacular Press Act, Lord Lytton wrote: Politically speaking, the Indian peasantry is an inert mass. If it ever moves at all, it will move in obedience not to its British benefactors but to its native chiefs and princes, however tyrannical they may be. The only representatives of native opinion are the baboos whom we have educated to write semi-seditious articles in the native press and who really represent nothing but the social anomaly of their own position. To secure completely and efficiently utilise the Indian aristocracy is, I am convinced, the most problem before us. Sanjay Ranade, Head, DCJ, UoM

237 Sanjay Ranade, Head, DCJ, UoM
Lord Lytton got into trouble with the press when he organised an Imperial Assembly in Delhi on January 1, 1877, and proclaimed Queen Victoria Empress of India. The Bombay press whipped in a campaign against the Assemblage, which was taken up by other Anglo-Indian newspapers in other parts of the country and also spread to the Indian press. The Viceroy told the Queen that the press fulminated against the heartless expenditure on mere display while a portion of the population is starving. The newspapers were full of articles and caricatures representing the viceroy as ‘Nero fiddling while Rome burns’. Sanjay Ranade, Head, DCJ, UoM

238 Sanjay Ranade, Head, DCJ, UoM
In 1877 there was a great famine affecting vast areas of Bombay and Madras Presidencies and the native states of Hyderabad and Mysore and involving a population of 36 million. There were large stocks of grain in Bengal, Burma and elsewhere but there was not adequate transport to carry them where they were needed. The Bombay and Madras Governments adopted different policies to meet the famine and the battles over the conflicting policies were fought out in the Bombay and Madras newspapers. Sanjay Ranade, Head, DCJ, UoM

239 Sanjay Ranade, Head, DCJ, UoM
The Indian Arms Act 1878 This Act passed by Lytton compelled Indians to have license to keep, sell or purchase arms. The offenders were to be punished with both fine and imprisonment. The English, Anglo-Indians and government servants of certain categories were exempted from the Act Sanjay Ranade, Head, DCJ, UoM

240 Sanjay Ranade, Head, DCJ, UoM
George Frederick Samuel Robinson, 1st Marquess of Ripon, popularly known as Lord Ripon, who succeeded Lord Lytton, as viceroy repealed the Vernacular Press Act in Its repeal was a foregone conclusion after a Liberal Government under Gladstone came to power in England. Sanjay Ranade, Head, DCJ, UoM

241 Sanjay Ranade, Head, DCJ, UoM
When Lord Ripon became viceroy, the Anglo-Indian press was apprehensive and the Indian press expectant. Soon the occasion arose for the Anglo-Indian press to launch a tirade against the viceroy when the Ilbert Bill became the focus of a racial controversy. Sanjay Ranade, Head, DCJ, UoM

242 Sanjay Ranade, Head, DCJ, UoM
The Ilbert Bill, which was introduced in 1883, provided for trial of Europeans by Indian magistrates. The Europeans and their press thought this was an encroachment on their status and privileges and began an agitation against Ripon. He was insulted when he came to Calcutta from Simla and a conspiracy to kidnap him and ship him to England was uncovered. Sanjay Ranade, Head, DCJ, UoM

243 At the height of the crisis Englishman wrote…
We are on the eve of a crisis which will try the power of the British Government in a way in which it has not been tried since the Mutiny of 1857. Sanjay Ranade, Head, DCJ, UoM

244 Sanjay Ranade, Head, DCJ, UoM
But this time there was a strong native press to retaliate against the Anglo-Indian press. A senior official warned the Viceroy: I am afraid that if the English press takes up the discussion of the proposed measure the native press will probably reply…which may not altogether be convenient. Sanjay Ranade, Head, DCJ, UoM

245 Sanjay Ranade, Head, DCJ, UoM
Day after day the Englishman printed letters from angry correspondents, one of whom who signed himself as ‘Britannicus’ said in the opening paragraph: “The only people who have any right in India are the British; the so-called Indians have no right whatever”. Much of the agitation was financed by European planters who were concerned about the diminution of their power and prestige. The head of the CID reported to the private secretary to the Viceroy: “To make their grievance a general one, the Europeans raised the cry of danger to European women.” Sanjay Ranade, Head, DCJ, UoM

246 Sanjay Ranade, Head, DCJ, UoM
Lord Ripon was forced to whittle down the provisions of the bill which provided for the trial of Europeans by Indian session judges and district magistrates with European judges. The English press in Calcutta hailed the amended bill as a victory for itself. Sanjay Ranade, Head, DCJ, UoM

247 Sanjay Ranade, Head, DCJ, UoM
Kotamraju Rama Rao, one of India’s great editors whom Mahatma Gandhi called ‘My Fighting Editor’, has written: “Indian journalism owes its vitality, importance and influence to one great factor – its greatest journalists were men with a mission, men highly equipped intellectually, powerful writers, able controversialists and men of integrity and courage. We also owe grateful thanks to Bengal, home of Indian journalism, the inspiring ground of many battles, the powerhouse of many ideas and movements.” Sanjay Ranade, Head, DCJ, UoM

248 Sanjay Ranade, Head, DCJ, UoM
Two such journalists in Bengal in the latter half of the 19th century who revolutionised politics and were the torch-bearers of Indian nationalism were Surendranath Bannerjee and Bipin Chandra Pal. Sanjay Ranade, Head, DCJ, UoM

249 Sanjay Ranade, Head, DCJ, UoM
Surendranath Bannerjee was one of the earliest Indians to be admitted to the ICS and he was dismissed in 1874 after three years of service for what the secretary of state for India described as a ‘palpable misuse of judicial powers’ and for being guilty of falsehood. His real crime was that he had failed to correct a false report by his subordinate. Bannerjee was the founder and editor of the daily Bengalee. Sanjay Ranade, Head, DCJ, UoM

250 Sanjay Ranade, Head, DCJ, UoM
Bipin Chandra Pal started as a teacher and worked in many placed including Bangalore. From a teacher he became a journalist. He started a Bengali weekly Paridarsak in Sylhet in In 1883 he joined the Bengal Public Opinion in Calcutta as its Chief editorial writer. In 1887 he went to Lahore to join the Tribune as sub-editor and he was for some time the Calcutta correspondent of the Hindu of Madras. He later founded the English weekly New India and another weekly, Bande Mataram which passed on to the hands of Aurobindo Ghose. Sanjay Ranade, Head, DCJ, UoM

251 Sanjay Ranade, Head, DCJ, UoM
According to Bannerjee and Pal, the Vernacular Press Act of 1878 was the immediate cause of the awakening of political consciousness and the genesis of the national movement on a country-wide scale. Pal has written that it was a time of awakening among students, which found expression in patriotic songs and plays, and in the press. Students’ associations and societies began to grow, some of them functioning secretly, and their patriotic fervour was fuelled by the impassioned speeches of Bannerjee who was as active as a frontline politician as a journalist. Sanjay Ranade, Head, DCJ, UoM

252 Sanjay Ranade, Head, DCJ, UoM
The protests against the Vernacular Press Act during the three years it was I force brought the Indians together in a way they had never been united before. The fight for Indian freedom by the educated masses can really be said to date from the Vernacular Press Act. Sanjay Ranade, Head, DCJ, UoM

253 Sanjay Ranade, Head, DCJ, UoM
Bannerjee was in the forefront of organising political activity not only in Bengal but all over the country. For this purpose he undertook an all-India tour which evoked good response. In Lahore, he persuaded Dyal Singh Majithia to start the Tribune (which is among the Indian newspapers to have completed 100 years) and supplied it with machinery and also its first editor. Sanjay Ranade, Head, DCJ, UoM

254 Sanjay Ranade, Head, DCJ, UoM
One of the greatest sons of Punjab in the second half of 19th century Sardar Dyal Singh Majithia was a versatile and amazing personality. His father General Lehna Singh Majithia was one of the Generals in Ranjit Singh’s army, who was an engineer and Chief of the Ordinance department of the Maharaja. Sanjay Ranade, Head, DCJ, UoM

255 Sanjay Ranade, Head, DCJ, UoM
For three generations the family had provided generals to the maharaja’s Army. Majithia Sardars family was so eminent that when Viceregal Durbar was held in Lahore in 1864, of the 603 people invited, Dyal Singh then age 16 was allotted 55th seat and his uncle Sardar Ranjodh Singh Majithia being 103rd. Sanjay Ranade, Head, DCJ, UoM

256 Sanjay Ranade, Head, DCJ, UoM
Anarchist situations that prevailed in Punjab after the death of Maharaja Ranjit Singh in 1839, forced General Lehna Singh Majithia to leave Lahore. After travelling Hardwar, Banaras, Jagannath Puri and Calcutta the family settled down in Banaras, where Dyal Singh his only son was born in 1848. Sanjay Ranade, Head, DCJ, UoM

257 Sanjay Ranade, Head, DCJ, UoM
Orphaned at the age of six on the death of his parents in 1854, Dyal Singh was brought to his ancestral home Majitha- a town 10 miles north of Amritsar in Punjab. Dyal Singh received education first at home, from an English governess and then in the Christian Mission School at Amritsar. Sanjay Ranade, Head, DCJ, UoM

258 Sanjay Ranade, Head, DCJ, UoM
Dyal Singh showed signs of an inquisitive mind with an insatiable hunger for knowledge. He became a scholar of Persian, Arabic, Hindi and English. Sardar Dyal Singh later shifted to Lahore. His friends were teachers, poets, lawyers, civil servants and politicians. Sanjay Ranade, Head, DCJ, UoM

259 Sanjay Ranade, Head, DCJ, UoM
Dyal Singh lived like a prince. He was a patron of wrestling and keen kite- flyer. He travelled to the United Kingdom and Europe, which broadened his outlook towards life and revolutionized his religious beliefs. Sanjay Ranade, Head, DCJ, UoM

260 Sanjay Ranade, Head, DCJ, UoM
Sardar Dyal Singh developed an admiration for western system of education and the freedom of the press. He started the weekly Tribune- newspaper from Lahore on February 2, It became tri-weekly in 1898 and a daily in 1906. Sanjay Ranade, Head, DCJ, UoM

261 Sanjay Ranade, Head, DCJ, UoM
Sardar Dyal Singh extended his patronage to poets, artists and sportsmen. He himself wrote poetry under the pen name “Mashriq” Sardar Dyal Singh was the main force behind the founding of Punjab University Lahore. Sanjay Ranade, Head, DCJ, UoM

262 Sanjay Ranade, Head, DCJ, UoM
He was the leader of Punjabi youth in the movement for demanding in setting up a University in Lahore to impart education through the medium of English. The battle was won in 1882 when the Punjab University was set up on the model of Calcutta, Bombay and madras Universities. According to Annie Besant, Sardar Dyal Singh was among the “17 good men and true” who founded the Indian National Congress. Sanjay Ranade, Head, DCJ, UoM

263 Sanjay Ranade, Head, DCJ, UoM
Sardar Dyal Singh Majithia Died on September 9, 1898 without an issue. After the partition of the country in 1947, Dyal Singh College, Dyal Singh Majithia Hall, Dyal Singh Mansions and Dyal Singh Library still exists by the same name. It is a tribute to Sardar Dyal Singh’s transcendent qualities that Pakistan Government retained his name for the college and library. The Tribune shifted to Simla then to Ambala and later to Chandigarh. Sanjay Ranade, Head, DCJ, UoM

264 Sanjay Ranade, Head, DCJ, UoM
Education Commission 1882 Lord Ripon appointed an Education Commission in Its Chairman was Sir W W Hunter. The Commission suggested the improvement of Primary and Secondary education. It also suggested the establishment of model schools in every district. Secondary education was encouraged with the further extension of grants-in-aid to private institutions. The commission also recommended to the government to pay more attention towards female education. Lord Ripon was instrumental in the foundation of the Punjab University. Sanjay Ranade, Head, DCJ, UoM

265 Father of Local Self Government in India
The most popular reform of Lord Ripon was his measure for the decentralisation of administrative and financial control. His government passed a series of Acts in 1883 – 1884 for the establishment of Local Self Government in India. According to them District and Taluk Boards were set up throughout the country. These local self-governing bodies were entrusted with the task of promoting education, public health, drinking water, hygiene and sanitation and the maintenance of roads. They had appropriate funds to carry out these duties. In order to give training to Indians to manage their affairs, election, rather than nomination, was adopted. Sanjay Ranade, Head, DCJ, UoM

266 Sanjay Ranade, Head, DCJ, UoM
The Indian owned and edited English press was very strong and influential in Calcutta with the Bengalee, Amrit Bazar Patrika, Hindu Patriot and Indian Mirror dominating the scene. Sanjay Ranade, Head, DCJ, UoM

267 Sanjay Ranade, Head, DCJ, UoM
Census of India 1881 Lord Ripon introduced the Census system in India in this year. Sanjay Ranade, Head, DCJ, UoM

268 Sanjay Ranade, Head, DCJ, UoM
1898 The year saw the passing of two legislative measures relating to the general law of crimes some provisions of which particularly concerned the Press; one was the amendment of the Indian Penal Code, 1860, (the substantive law of crimes); and the other was the enactment of the Code of Criminal Procedure, 1898, to consolidate and amend the law relating to criminal procedure and to replace the Criminal Procedure Code of 1882. Sanjay Ranade, Head, DCJ, UoM

269 Sanjay Ranade, Head, DCJ, UoM
The changes in the IPC made by the IPC Amendment Act, 1898, with which the Press was concerned were – The substitution of S.124A, to make it more effective; The insertion of S.153A to punish the promotion of enmity between classes; The substitution of S.505 relating to the making or publishing of statements conducing to public mischief. Sanjay Ranade, Head, DCJ, UoM

270 Sanjay Ranade, Head, DCJ, UoM
A general code laying down the procedure in criminal matters, the Code of Criminal Procedure of 1898, came to include matters of interest to the Press. For instance S 108 of the CrPC that deals with ‘Security for good behaviour from persons disseminating seditious matter’. Sanjay Ranade, Head, DCJ, UoM

271 In 1922 the following sections were inserted in the CrPC.
99-A. Power to declare certain publications forfeited and to issue search-warrants for the same. 99-B. Application to High Court to set aside order of forfeiture. 99-D. Order of High Court setting aside forfeiture. 99-E. Evidence to proven nature or tendency of newspaper. 99-F. Procedure in High Court. 99-G. Jurisdiction barred The sections conferred certain procedural powers upon the Government to search for and forfeit publications which offended against the provisions of S 124 A, 153A or 295A of the IPC. Sanjay Ranade, Head, DCJ, UoM

272 Sanjay Ranade, Head, DCJ, UoM
1908 The Newspapers (Incitement of Offences) Act, which was passed in this year, empowered a magistrate to seize a Press on being satisfied that a newspaper printed therein contained incitement to murder or any other act of violence or an offence under the Explosive Substances Act. Sanjay Ranade, Head, DCJ, UoM

273 Sanjay Ranade, Head, DCJ, UoM
In view of the close connection between the perpetrators of outrages by means of explosives and the publication of criminal incitements in certain newspapers. The law was enacted during the time of Gilbert Elliot-Murray-Kynynmound, the 4th Earl of Minto, who served as Viceroy between 1905 and 1910. Sanjay Ranade, Head, DCJ, UoM

274 Sanjay Ranade, Head, DCJ, UoM
1910 The Newspapers (Incitement of Offences) Act, was followed by a more comprehensive enactment, the Indian Press Act, 1910, directed against offences involving violence as well as sedition. The Act empowered the Government to require deposit of security by the keeper of any Press which contained matter inciting Substances Act, and also provided the forfeiture of such deposit in specified contingencies. Sanjay Ranade, Head, DCJ, UoM

275 Sanjay Ranade, Head, DCJ, UoM
The Indian Press Act authorised magistrates to require deposits ranging from Rs 500 to Rs 2000 from new printing press and publishers of newspapers are large securities from existing ones. The scope of the objectionable matter became flexible so as to include writings against Princes, executive officers and public servants. This Act completely muzzled the Press. Sanjay Ranade, Head, DCJ, UoM

276 Sanjay Ranade, Head, DCJ, UoM
By 1919 this Act had penalised over 350 publications and required from 300 newspapers security deposits totalling pounds 40,000. The leading newspapers like the Amrit Bazar Patrika, The Bombay Chronicle, The Hindu, The Independent, The Tribune were victimised by the Act. Sanjay Ranade, Head, DCJ, UoM

277 Sanjay Ranade, Head, DCJ, UoM
After the Reforms of 1919, a committee was appointed under the Chairmanship of Sir Tej Bahadur Sapru, the First Indian Law Member of the Government of India to examine the working of the Press Act, 1910. The committee recommended the repeal of the Act. Sanjay Ranade, Head, DCJ, UoM

278 Sanjay Ranade, Head, DCJ, UoM
1922 Both the foregoing Acts of 1908 and 1910 were repealed in this year in pursuance of the recommendations of a Committee set up in 1921 to the effect that the contingency in view of which these Acts had been passed, namely, promotion of revolutionary conspiracies through the Press was over and that the purposes of these Acts would be served by the ordinary law and by incorporating the provisions of the Act of 1910 as to the seizure and confiscation of seditious publications in the Press and Registration of Books Act, the Sea Customs Act and the Post Office Act, by suitable amendments. Sanjay Ranade, Head, DCJ, UoM

279 Sanjay Ranade, Head, DCJ, UoM
However, the launching of the Civil Disobedience Movement in 1931 for the attainment of Swaraj prompted the Government to promulgate an Ordinance to ‘control the Press’ which was later embodied in the Press (Emergency) Powers Act, 1931. Originally a temporary Act, it was made permanent in 1935. Sanjay Ranade, Head, DCJ, UoM

280 Sanjay Ranade, Head, DCJ, UoM
Official Secrets Act, 1923 A general Act which has a greater impact on the Press, in particular, is the Official Secrets Act, 1923, which is aimed at maintaining the security of State against leakage of secret information, sabotage and the like. Sanjay Ranade, Head, DCJ, UoM

281 Sanjay Ranade, Head, DCJ, UoM
The offences under this Act are serious offences affecting the State. The Court should, therefore, be circumspect in granting bail to persons accused of non-bailable offences under this Act. Sanjay Ranade, Head, DCJ, UoM

282 Sanjay Ranade, Head, DCJ, UoM
Giving an information which may not be secret, but which may be useful to enemy is an offence under this Act. The word ‘enemy’ includes an unfriendly power. The word ‘secret’ qualifies ‘official code or pass word’ and not any sketch, plan, model, article, or note or other document or information. Where the evidence disclosed that the manner in which the ‘map’ was concealed in the house of the accused indicates that he was in conscious possession of the same. Once a conspiracy to commit an illegal act is proved, act of one conspirator becomes the act of the other. Sanjay Ranade, Head, DCJ, UoM

283 Sanjay Ranade, Head, DCJ, UoM
Public interest requires that certain class of privileged papers such as cabinet papers, minutes of discussions between Heads of Departments, high level inter-departmental communications, papers concerning government policies, and dispatches from Ambassadors abroad, should not be disclosed in public interest. The questioning of the accused must be during the day time only and in no case after sunset and before sunrise. An offence under the Act may be tried, under this Act, only if the complaint is made by the specially empowered officer. Otherwise the trial will be void. The court has no power to take cognizance except with the previous sanction of the government. Sanjay Ranade, Head, DCJ, UoM

284 The Indian Press (Emergency) Powers Act , 1931
This Act imposed on the Press an obligation to furnish security at the call of the Executive. Sanjay Ranade, Head, DCJ, UoM

285 The Act was amended later by the Criminal Law Amendment Act, 1932.
The Criminal Law Amendment Act empowered a Provincial Government to direct a printing press to deposit a security which was liable to be forfeited if the press published any matter by which any of the mischievous acts enumerated in Section 4 of the Act were furthered, e.g., bringing the Government into hatred or contempt or inciting disaffection towards the Government; inciting feelings of hatred and enmity between different classes of subjects, including a public servant to resign or neglect his duty. Sanjay Ranade, Head, DCJ, UoM

286 Sanjay Ranade, Head, DCJ, UoM
This system of executive control and punishment of the Press is foreign to democratic England. The Indian Act was, in fact, an antiquated revival of the trial by Star Chamber of Press offences and the licensing system which English democracy had fought and suppressed. Sanjay Ranade, Head, DCJ, UoM

287 Sanjay Ranade, Head, DCJ, UoM
Court of Star Chamber The Court of Star Chamber, known simply as the Star Chamber, was a supplement to common-law courts in England. The Star Chamber drew its authority from the king's sovereign power and privileges and was not bound by the common law. The Star Chamber was so named for the star pattern on the ceiling of the room where its meetings were held, at Westminster Palace. Sanjay Ranade, Head, DCJ, UoM

288 Sanjay Ranade, Head, DCJ, UoM
The Star Chamber evolved from the medieval king's council. There had long been a tradition of the king presiding over a court composed of his privy councillors; however, in 1487, under the supervision of Henry VII, the Court of Star Chamber was established as a judicial body separate from the king's council. Sanjay Ranade, Head, DCJ, UoM

289 Purpose of the Star Chamber:
To oversee the operations of lower courts and to hear cases by direct appeal. The court as structured under Henry VII had a mandate to hear petitions of redress. Although initially the court only heard cases on appeal, Henry VIII's chancellor Thomas Wolsey and, later, Thomas Cranmer encouraged suitors to appeal to it straight away, and not wait until the case had been heard in the common-law courts. Sanjay Ranade, Head, DCJ, UoM

290 Advantages of the Star Chamber:
The Star Chamber offered expeditious resolution to legal conflicts. It was popular during the reigns of the Tudor kings, because it was able to enforce the law when other courts were plagued by corruption, and because it could offer satisfactory remedies when the common law restricted punishment or failed to address specific infractions. Under the Tudors, Star Chamber hearings were public matters, so proceedings and verdicts were subject to inspection and ridicule, which led most judges to act with reason and justice. Sanjay Ranade, Head, DCJ, UoM

291 Disadvantages of the Star Chamber:
The concentration of such power in an autonomous group, not subject to the checks and balances of common law, made abuses not only possible but likely, especially when its proceedings were not open to the public. Although the death sentence was forbidden, there were no restrictions on imprisonment, and an innocent man could spend his life in jail. Sanjay Ranade, Head, DCJ, UoM

292 The End of the Star Chamber:
In the seventeenth century, the proceedings of the Star Chamber evolved from above-board and fairly just to secretive and corrupt. James I and his son, Charles I, used the court to enforce their royal proclamations, holding sessions in secret and allowing no appeal. Charles used the court as a substitute for Parliament when he tried to govern without calling the legislature into session. Resentment grew as the Stuart kings used the court to prosecute nobility, who would otherwise not be subject to prosecution in common-law courts. The Long Parliament abolished the Star Chamber in 1641. Sanjay Ranade, Head, DCJ, UoM

293 Sanjay Ranade, Head, DCJ, UoM
In modern usage, legal or administrative bodies with strict, arbitrary rulings and secretive proceedings are sometimes called, metaphorically or poetically, star chambers. This is a pejorative term and intended to cast doubt on the legitimacy of the proceedings. The inherent lack of objectivity of any politically motivated charges has led to substantial reforms in English law in most jurisdictions since that time. The very Preamble of the Indian Press (Emergency) Powers Act , 1931 – “for the better control of the Press” – was offensive. Sanjay Ranade, Head, DCJ, UoM

294 Sanjay Ranade, Head, DCJ, UoM
In India, while the Draft Constitution was under consideration in the Constituent Assembly, the Government of India appointed a Press Laws Enquiry Committee to “review the Press Laws of India with a view to examine if they are in accordance with the fundamental rights formulated by the Constituent Assembly of India”. This committee recommended, inter alia, a repeal of the Press (Emergency) Powers Act, 1931, and the incorporation of some of its provisions in the general statutes laying down the law of crimes. Sanjay Ranade, Head, DCJ, UoM

295 Sanjay Ranade, Head, DCJ, UoM
Some of the clauses of the Act were declared to be repugnant to the provisions of Article 19 (2) of the Constitution at it then stood. This led Government to replace the Act of 1931 by a revised measure, namely the Press (Objectionable Matter) Act, 1951, and its constitutionality came to be reviewed in some cases. Sanjay Ranade, Head, DCJ, UoM

296 The Press (Objectionable Matter) Act, 1951
The Preamble of the Press (Objectionable Matter) Act, 1951, looked innocuous as it was “to provide against the printing and publication of incitement to crime and other objectionable matter”. The other improvements were: 1. While the Act of 1931 was a permanent statute, the Act of 1951 was a temporary one, to remain in force for a period of two years; 2. The new Act provided for a judicial inquiry by a Sessions Judge before security could be demanded from a printing press or forfeited to Government; 3. And the person against whom a complaint had been made, could demand the matter to be determined with the aid of a Jury, and had a right of appeal from the order of the Sessions Judge to the High Court. Sanjay Ranade, Head, DCJ, UoM

297 Sanjay Ranade, Head, DCJ, UoM
Nevertheless, the very idea of a special law imposing restrictions upon the publication of certain matters instead of leaving them to be punished under the general law for specific offences was not acceptable to many and, before the duration of the temporary Act could be extended beyond 1953, the question of further extension of the Act was examined by a Press Commission which the Government had appointed in 1952. Sanjay Ranade, Head, DCJ, UoM

298 Sanjay Ranade, Head, DCJ, UoM
The minority of the Commission recommended that the Act should lapse after its current term. The majority sought to rely on internal control of the Press by a Press Council and expressed the desire that Government should drop the special Act after two years if the Press Council succeeded in checking those who indulged in the publication of objectionable matter. Sanjay Ranade, Head, DCJ, UoM

299 Sanjay Ranade, Head, DCJ, UoM
The implementation of this recommendation by the Government forms a landmark in Indian democracy. The Act of 1951, which had been extended up to February 1956, was allowed to lapse thereafter and it was also formally repealed by a subsequent Repealing Act of 1957. Sanjay Ranade, Head, DCJ, UoM

300 The episode of the Newspaper (Price and Page) Act, 1956.
The story relating to the enactment of this Act and its annulment by the Supreme Court in 1962 illustrates how the freedom of the Press may be interfered with by the Government indirectly, by enacting some law which did not profess to impose any restriction on that freedom on the ground of security of State or the like. Sanjay Ranade, Head, DCJ, UoM

301 Sanjay Ranade, Head, DCJ, UoM
The Act was made with the apparently laudable object of preventing unfair competition among newspapers through price-cutting. Sanjay Ranade, Head, DCJ, UoM

302 Sanjay Ranade, Head, DCJ, UoM
In exercise of the power conferred by this Act, the Central Government issued the Daily Newspapers (Price and Page) Order, 1960. The right of a newspaper to publish any number of pages was made to depend upon the price charged to the readers, so that a newspaper could not increase the volume of its publication without raising its price to that extent. The justification offered was that such a regulation of volume according to price was necessary to protect smaller newspapers from unfair competition of the bigger newspapers having larger financial resources. Another object, it was stated, was to prevent concentration of ownership in the hands of the few commercial groups which conduct the bigger newspapers. Sanjay Ranade, Head, DCJ, UoM

303 Sanjay Ranade, Head, DCJ, UoM
Both these contentions were turned down by the Supreme court with the observation, inter alia, that- Fixation of a minimum price for the number of pages which a newspaper is entitled to publish would deter a class or section of its readers from purchasing such newspaper because of the higher price and thus curtail its circulation; Limiting the number of subscribers of a newspapers is an infringement of the freedom of the Press, guaranteed by Article 19 (1)(a), even though it is effected through a schedule of rates; The volume of circulation of a newspaper cannot be curtained for the purpose of protecting or promoting smaller newspapers or for suppressing unfair practices by other newspapers or for provisions of monopolies. Sanjay Ranade, Head, DCJ, UoM

304 Criminal Law Amendment Act, 1961.
Subsequent to the expiry of the Press (Objectionable Matters) Act, 1951, Parliament enacted the Criminal Law Amendment Act, 1961, imposing restrictions upon the freedoms of expression and of Press as well as the freedoms of assembly and of movement, on grounds of ‘security of the State’, and public order. Sanjay Ranade, Head, DCJ, UoM

305 Sanjay Ranade, Head, DCJ, UoM
Defence of India Act, 1962 On account of the Chinese aggression, a Proclamation of Emergency was made by the President on October 26, 1962, to be followed by the Defence of India Ordinance, 1962. This Ordinance was embodied in the Defence of India Act, 1962, on December 12, 1962. Sanjay Ranade, Head, DCJ, UoM

306 Sanjay Ranade, Head, DCJ, UoM
Section 3 of this Act empowered the Central Government to make rules with respect to a number of matters including - The prohibition of publications or communications prejudicial to the civil defence or military operations; The prevention of prejudicial reports; The prohibition of printing or publishing any prejudicial matter in any newspaper; demanding security from any Press which is used for printing such matter and forfeiture of such security; closing down any Press which continues in such activity even after forfeiture of security. Sanjay Ranade, Head, DCJ, UoM

307 Sanjay Ranade, Head, DCJ, UoM
Press Council Act 1965 Following the British precedent, a Press Council was constituted in 1966 under the Press Council Act, 1965, which was enacted to implement the recommendations of the Press Commission. The object of establishing the Council was to preserve the freedom of the Press and to maintain and improve the standards of newspapers in India. It was to form a Code of Conduct to prevent writings which were not legally punishable but were yet ‘objectionable’. This Act was repealed, simultaneously with the promulgation of the Publication of Objectionable Matter Ordinance, 1975, in December 1975. Sanjay Ranade, Head, DCJ, UoM

308 Composition of the Council
The Council shall consist of a Chairman and twenty-five other members. The Chairman shall be a person nominated by the Chief Justice of India. The other members shall be chosen as follows:- thirteen members from among the working journalists, of whom not less than six shall be editors of newspapers who do not own or carry on the business of management of newspapers, so however that the number of editors of newspapers published in Indian languages shall not be less than three; six members from among persons who own or carry on the business of management of newspapers; three members from among persons having special knowledge or experience in the field of education, science, literature, law or culture; three members, of whom two shall be from among the members of the House of the People and one from among the members of the Council of States. Sanjay Ranade, Head, DCJ, UoM

309 Sanjay Ranade, Head, DCJ, UoM
The two members to be chosen from among the members of the House of the People shall be nominated by the Speaker thereof and the one to be chosen from among the members of the Council of States shall be nominated by the Chairman thereof; and save as aforesaid, all the other members referred to in sub-section (3) shall be nominated by a Committee consisting of the Chief Justice of India, the Chairman of the Council and a person to be appointed by the President of India, and in making any such nomination, the Committee shall have due regard to the consideration that not more than one person interested in any newspaper or any group of newspapers under the same control or management should be nominated to represent any of the categories referred to in clause (a) or clause (b) of that sub-section. Sanjay Ranade, Head, DCJ, UoM

310 Sanjay Ranade, Head, DCJ, UoM
Before making any nomination under clause (a) or clause (b) or sub-section (3), the Committee referred to in sub-section (4) shall, in the prescribed manner, invite panels of names from all such associations of persons of the categories referred to in the said clause (a) or clause (b) as may be notified in this behalf by the Council and in making any such nomination the Committee shall have due regard to the panels of names forwarded to it: Provided that, until the Council is established, such associations shall be notified by the Central Government. Sanjay Ranade, Head, DCJ, UoM

311 Sanjay Ranade, Head, DCJ, UoM
Before making any nomination under clause (c) of sub-sections (3), the Committee shall consult such associations or persons as it thinks fit. The names of persons nominated under this section shall be forwarded to the Central Government and shall be notified by that Government in the Official Gazette, and every appointment so made under this section shall take effect from the date on which it is so notified. Sanjay Ranade, Head, DCJ, UoM

312 Sanjay Ranade, Head, DCJ, UoM
The Council may, in furtherance of its object, perform the following functions, namely :- to help newspapers to maintain their independence; to build up a code of conduct for newspapers and journalists in accordance with high professional standards; to ensure on the part of newspapers and journalists the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship; to encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism; to keep under review any development likely to restrict the supply and dissemination of news of public interest and importance; to keep under review such cases of assistance received by any newspaper or news agency in India from foreign sources, as are referred to it by the Central Government; Sanjay Ranade, Head, DCJ, UoM

313 Sanjay Ranade, Head, DCJ, UoM
Provided that nothing in this clause shall preclude the Central Government from dealing with any case of assistance received by a newspaper or news agency in India from foreign sources, in any other manner it thinks fit; to promote the establishment of such common service for the supply and dissemination of news to newspapers as may, from time to time, appear to it to be desirable; to provide facilities for the proper education and training of persons in the profession of journalism; to promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers; to study developments which may tend towards monopoly or concentration of ownership of newspapers, including a study of the ownership or financial structure of newspapers, and if necessary, to suggest remedies therefore; to promote technical or other research; to do such other acts as may be incidental or conducive to the discharge of the above functions. Sanjay Ranade, Head, DCJ, UoM

314 Sanjay Ranade, Head, DCJ, UoM
Section 13 (1) Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a newspaper has offended against the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct or a breach of the code of journalistic ethics, the Council may, after giving the newspaper, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this Act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, censure the newspaper, the editor or journalist, as the case may be. Sanjay Ranade, Head, DCJ, UoM

315 Sanjay Ranade, Head, DCJ, UoM
Section 13 (2) and (3) Nothing in sub-section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law. The decision of the Council under sub-section (1), shall be final and shall not be questioned in any court of law. Sanjay Ranade, Head, DCJ, UoM

316 General powers of the Council
For the purpose of performing its functions under this Act, the Council may require the publisher of any newspaper to furnish to it information on such points or matters as it may deem necessary. Sanjay Ranade, Head, DCJ, UoM

317 Sanjay Ranade, Head, DCJ, UoM
While holding any inquiry under this Act, the Council shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908(5 of 1908), in respect of the following matters, namely :- (a) summoning and enforcing the attendance of persons and examining them on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents. Sanjay Ranade, Head, DCJ, UoM

318 Sanjay Ranade, Head, DCJ, UoM
Every inquiry held by the Council shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code(45 of 1860). Sanjay Ranade, Head, DCJ, UoM

319 Sanjay Ranade, Head, DCJ, UoM
Fund of the Council The Council shall have its own Fund; and all such sums as may, from time to time, be paid to it by the Central Government and all grants and advances made to it by any other authority or person shall be credited to the Fund and all payments by the Council shall be made therefrom. All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Central Government, be decided by the Council. The Council may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Council. Sanjay Ranade, Head, DCJ, UoM

320 Sanjay Ranade, Head, DCJ, UoM
FREEDOM OF THE PRESS Threats to Press Freedom An attack on a paper or those connected with it editorially or in management with a view to pressurising or intimidating them for the opinion expressed in the paper, constitutes a gross interference with the freedom of the Press (case of Malayala Manorama, PCI Review, Jan 1983 p. 62). Sanjay Ranade, Head, DCJ, UoM

321 Sanjay Ranade, Head, DCJ, UoM
Tendencies to coerce newspapers to desist from publishing facts or toe a particular line are matters of concern. (Case of Malayala Manorama, PCI Annual Report 1968, p. 38) The local administration is expected to help the journalist to perform his duties without being under duress or pressure (case of Blitz, PCI Review April 1984, p. 30) Implication of an editor of a newspaper in a fabricated case by the police authorities with a view to harassing him for his treatment of the news or critical writings amounts to interference in the freedom of the Press. (Case of Mahajati, PCI Review October 1983, p. 55) Sanjay Ranade, Head, DCJ, UoM

322 Sanjay Ranade, Head, DCJ, UoM
Groups raids on newspaper offices by unruly mobs interferes with the freedom of the Press. Suitable precautionary protective measures ought to be taken by the police. The same applies to blockade of newspapers offices. (Suo motu action by the Press Council against the Government of Karnataka, PCI Review April 1982, p. 36) Harassment and victimization of journalists by police is a direct attack on the freedom of the Press. ( Case of Madhya Pradesh Small Newspapers’ Association, PCI Annual Report 1972, p. 66) Seizure of camera and removal of film by police from a Press Photographer while covering the news would amount to preventing the journalist from performing his duties and is a matter to be viewed seriously. (Case of Searchlight, PCI Annual Report 1972, p. 65) Sanjay Ranade, Head, DCJ, UoM

323 Sanjay Ranade, Head, DCJ, UoM
Filing of motivated frivolous cases against a journalist would amount to interfering with his functions. (Case of Malayala Manorama, PCI Annual Report, 1968, p. 38 and PCI Annual Report 1967, p ) Any attempt by a minister to browbeat a reporter into toeing his line in the matter of reporting would be inconsistent with maintaining the proper standards of ministerial conduct towards the Press. (Case of Dainik Janambhumi, PCI Annual Report 1980, p. 56) Disaccreditation and withdrawal of housing facilities from a newspaper correspondent because of articles/news items written by him would amount to an attempt to pressurise the correspondent and, therefore, the Press. (Case of Chandigarh Union of Journalists, PCI Annual Report, 1974, p. 68) Sanjay Ranade, Head, DCJ, UoM

324 Sanjay Ranade, Head, DCJ, UoM
The Press and Registration of Books Act, 1867, does not empower the District Magistrate to obtain "Assurance Letters" from prospective editors before granting or refusing a declaration. (Case of U.P. Small and Medium Newspapers Editors’ Council, PCI Review, Jan. 1983, p. 58) Declaration of newspapers under the Press and Registration of Books Act, 1867, cannot be cancelled on the ground that the newspapers concerned were indulging in yellow journalism. Any complaint in regard to yellow journalism should be filed with the Press Council (Suo Motu action by the Press Council, PCI Annual Report 1983, p. 37) Sanjay Ranade, Head, DCJ, UoM

325 Sanjay Ranade, Head, DCJ, UoM
Closeness of the date of appearance of a critical article and the date of disaccreditation would be material factors determining whether the disaccreditation was on account of that article. (Case of Sarita, Mukta etc., PCI Annual Report 1981 p. 60) The giving or withholding of advertisements, whether by individuals or by the government as a lever to influence the editorial policy constitutes a threat to and jeopardises the liberty of the Press, meaning in this context the freedom of the editor. This is especially so in case of the government since it is the trustee of public funds and, therefore, bound to utilise them without discrimination. (Case of Tribune, PCI Annual Report 1970, p. 45) Sanjay Ranade, Head, DCJ, UoM

326 Sanjay Ranade, Head, DCJ, UoM
Advertisements, from any party including the government cannot be claimed as a matter of right by a newspaper. Government can frame its policy of placing advertisements based on objective criteria. But this should be based upon publicly stated principles without taking into consideration the editorial policy of the paper. (Cases of Saptahik Mujahid, PCI Review July 1983, p. 44, and Tribune, PCI Annual Report 1970, p. 45) If an editor is guilty of an action or an impropriety de hors his paper, he can be proceeded against personally but this would not justify denial of advertisements to the paper of which he happens to be the editor. This applies to an employee or even the proprietor of a newspaper. (Case of Searchlight and Pradeep, PCI Annual Report 1974, p. 11) Sanjay Ranade, Head, DCJ, UoM

327 Sanjay Ranade, Head, DCJ, UoM
The outside activities of the editor or other journalists might throw light on what he wrote for the paper, and in the event of such writings being improper, action against the paper is justified. However, this is for improper publication and for the employees’ activities de hors the paper. (Ibid) It is improper to offer an inducement to a journalist to adopt a particular line of comment, and for the journalist to accept such an inducement. In the event of improper inducement being offered by the government the situation would be worse, since, then the media would become an arm of law enforcement. (Ibid) It is improper for a journalist to accept an assignment which would be incompatible with the integrity and dignity of his profession or exploitation of his status as journalist. (Ibid) Sanjay Ranade, Head, DCJ, UoM

328 Sanjay Ranade, Head, DCJ, UoM
The editor of a newspaper cannot be asked to divulge the source of information of a letter published in his paper. (Case of Arjun Baan, PCI Review, July 1983, p. 53) Asking a journalist to divulge his personal and confidential source of information amounts to violation of his obligation to report on events of public interest and constitutes a threat to Press freedom. (Case of Press Correspondent, Hind Samachar, PCI Annual Report 1973, p. 27) Sanjay Ranade, Head, DCJ, UoM

329 Sanjay Ranade, Head, DCJ, UoM
The editor of a newspaper cannot be directed by the police to alert his correspondent against the publication of a news item relating to the acts of the police, as it would be against the fundamental right of the Press. (Case of Vishwa Manav, PCI Review, October 1983, p. 52) The motivated stoppage of subscription of teleprinter service of a news agency due to the feeling that reportage of a certain situation was exaggerated and to pressurize the agency would amount a threat to the freedom of the press. (Case of ex-Member of Parliament, PCI Annual Report 1972, p. 7) Sanjay Ranade, Head, DCJ, UoM

330 Sanjay Ranade, Head, DCJ, UoM
Singling out news despatches to a newspaper and arrest of editors for activities in discharge of their professional duties and issue of warning letter from the government to newspapers to desist from publishing anything relating to certain activities of some groups, could legitimately give rise to an apprehension of threat to the freedom of the Press. (Suo motu action by the Press Council, PCI Review April 1983, p. 52) Sanjay Ranade, Head, DCJ, UoM

331 Sanjay Ranade, Head, DCJ, UoM
Apart from inquiring into the regular complaints, the Council has held a number of special inquiries, mostly suo motu, but sometimes on complaints into incidents and matters concerning the Press. Sanjay Ranade, Head, DCJ, UoM

332 Report on Deshar Katha, Tripura 1990
Following a complaint by Shri Gautam Das, Editor, Daily Deshar Katha, a Bengali newspaper of Agartala, Tripura, regarding frequent violent attacks on the employees and hawkers of his newspapers by Congress (I) workers, the Press Council set up a Special Committee to make a thorough on-the-spot inquiry. The Committee visited Agartala and heard the representatives of the Government of Tripura and the complainant. As a result the Government of Tripura assured that they would take all necessary steps to prevent recurrence of such incidents and provide full security to Deshar Katha. Sanjay Ranade, Head, DCJ, UoM

333 Sanjay Ranade, Head, DCJ, UoM
Ayodhya Report 1990 A special inquiry was set up on the Ayodhya happenings in 1990 and another in Their reports were made public in 1991 and 1993 respectively. In the first inquiry, the Council found four Uttar Pradesh dailies Jagran, Aj, Swatantra Bharat and Swatantra Chetna, guilty of publishing reports which constituted a grave violation of norms of journalistic ethics. The Council censured these newspapers for violation of the norms. The Council also criticised the Uttar Pradesh Government for its many lapses in dealing with the situation and its behaviour towards the Press. It expressed serious concern over the authorities taking recourse to punitive and preventive action in excess of the demand of the situation and deplored invoking provisions of non-existent Press (Objectionable Matters) Act, 1951, and misapplying the provisions of the Press and Registration of Books Act, 1867. Sanjay Ranade, Head, DCJ, UoM

334 Sanjay Ranade, Head, DCJ, UoM
Ayodhya Report 1993 In the wake of the demolition of the disputed shrine at Ayodhya on came the reports of numerous attack on journalists/press media photographers/cameramen who were covering the happenings at Ayodhya on December 6, 1992 and thereabout. As the matter was of great urgency and concern, a Special Inquiry Committee headed by the Chairman of the Council was set up to inquire into the matter. Prior to this the Chairman had already issued an appeal urging restraint and moderation on the part of the press while reporting events and presenting comments bearing on communal relations. Simultaneously, he expressed concern on the incidents of assaults on journalists when, they in discharge of their professional duties, were trying to cover the events. He also appealed to the authorities to ensure that the press is allowed to function freely and fearlessly to disseminate information on matters of public importance. Sanjay Ranade, Head, DCJ, UoM

335 Sanjay Ranade, Head, DCJ, UoM
Punjab Report 1991 An inquiry was held into the pressures and problems confronting the Press and its personnel during acts of terrorism in Punjab. Adopting the report of the Special Committee, captioned ‘Overcoming Fear’ the Council extended its full support to the Punjab Press in its efforts to inform the people truthfully and impartially of the events and circumstances in the State and in resisting any code or norm sought to be imposed on it through force or intimidation by any extraneous authority or organisation. Sanjay Ranade, Head, DCJ, UoM

336 Sanjay Ranade, Head, DCJ, UoM
J&K Report 1991 Similarly, a special inquiry was held on the problems faced by the Press in Jammu and Kashmir. Adopting the report of this committee in July 1991, the Council said the critical importance of information and communication in the complex and difficult situation in Kashmir had not been adequately realised either by the government or by the media itself. It suggested a series of measures to respond effectively to the various aspects of the situation. The full report was later published under the caption ‘Crisis and Credibility’. Sanjay Ranade, Head, DCJ, UoM

337 Sanjay Ranade, Head, DCJ, UoM
Bihar Report 1993 The report on increasing incidents of assaults on journalists and the pressures/impediments in the way of free functioning of the Press in the State of Bihar adopted by the Council on March 31, 1993 advised the Press and the authorities to put their relations on more healthy footings. Sanjay Ranade, Head, DCJ, UoM

338 Report on AIDS and the Media 1993
The report on ‘AIDS AND THE MEDIA’ laid down certain do’s and don’ts for the media advising them that from sporadic news AIDS must become campaign target. At the same time, the Press should bear in mind that the ‘public interest’ which may justify publication of a matter within the preserve of personal privacy, must be a ‘legitimate interest’ and not prurient or morbid curiosity. Sanjay Ranade, Head, DCJ, UoM

339 Sanjay Ranade, Head, DCJ, UoM
Defence Report 1993 Yet another report of June 1993 captioned ‘Pen and Sword’ advocated an attitude of greater openness in Defence related information. Sanjay Ranade, Head, DCJ, UoM

340 Sanjay Ranade, Head, DCJ, UoM
J & K Report 1994 The Council’s latest report of 1994 on "Threats to the media from militant organisation in J & K" has recommended prompt dissemination of information at government level to counter militant propaganda. The report has also advised the Government to provide institutional and area security to the media personnel who face threats from the militants for taking independent stand. Sanjay Ranade, Head, DCJ, UoM

341 Guidelines on ‘Pre-poll’ and ‘Exit-polls’ Survey
The Press Council of India having considered the question of desirability or otherwise of publication of findings of pre-poll surveys and the purpose served by them, is of the view that the newspapers should not allow their forum to be used for distortions and manipulations of the elections and should not allow themselves to be exploited by the interested parties. Sanjay Ranade, Head, DCJ, UoM

342 Sanjay Ranade, Head, DCJ, UoM
The Press Council advises that in view of the crucial position occupied by the electoral process in a representative democracy like ours, the newspapers should be on guard against their precious forum being used for distortions and manipulations of the elections. This has become necessary to emphasize today since the print media is sought to be increasingly exploited by the interested individuals and groups to misguide and mislead the unwary voters by subtle and not so subtle propaganda on casteist, religious and ethnic basis as well as by the use of sophisticated means like the alleged pre-poll surveys. Sanjay Ranade, Head, DCJ, UoM

343 Sanjay Ranade, Head, DCJ, UoM
While the communal and seditious propaganda is not difficult to detect in many cases, the interested use of the pre-poll survey, sometimes deliberately planted, is not so easy to uncover. The Press Council, therefore, suggests that whenever the newspapers publish pre-poll surveys, they should take care to preface them conspicuously by indicating the institutions which have carried such surveys, the individuals and organisations which have commissioned the surveys, the size and nature of sample selected, the method of selection of the sample for the findings and the possible margin of error in the findings. Sanjay Ranade, Head, DCJ, UoM

344 Sanjay Ranade, Head, DCJ, UoM
Further in the event of staggered poll dates, the media is seen to carry exit-poll surveys of the polls already held. This is likely to influence the voters where the polling is yet to commence. With a view to ensure that the electoral process is kept pure and the voters’ minds are not influenced by any external factors, it is necessary that the media does not publish the exit-poll surveys till the last polls is held. Sanjay Ranade, Head, DCJ, UoM

345 Sanjay Ranade, Head, DCJ, UoM
The Press Council, therefore, request the Press to abide by the following guideline in respect of the exit-polls: No newspaper shall publish exit-poll surveys, however, genuine they may be, till last of the polls is over. Sanjay Ranade, Head, DCJ, UoM

346 Sanjay Ranade, Head, DCJ, UoM
The Council feeling concerned over the malpractice in the Corporate Sector and after holding detailed deliberations and discussions with the representatives financial institutions and journalists, has recommended the guidelines enumerated below for observance by the financial journalists…. Sanjay Ranade, Head, DCJ, UoM

347 Sanjay Ranade, Head, DCJ, UoM
The financial journalists should not accept gifts, loans, trips, discounts, preferential shares or other considerations which compromise or are likely to compromise his position. It should be mentioned prominently in the report about any company that the report is based on information given by the company or the financial sponsors of the company. When the trips are sponsored for visiting establishments of a company, the author of the report who has availed of the trip must state invariably that the visit was sponsored by the company concerned and that it had also extended the hospitality as the case may be. Sanjay Ranade, Head, DCJ, UoM

348 Sanjay Ranade, Head, DCJ, UoM
No matter related to the company should be published without verifying the facts from the company and the source of such report should also be disclosed. A reporter who exposes a scam or brings out a report for promotion of a good project, should be encouraged and awarded. A journalist who has financial interests such as share holdings, stock holdings, etc., in a company, should not report on that company. Sanjay Ranade, Head, DCJ, UoM

349 Sanjay Ranade, Head, DCJ, UoM
The journalist should not use for his own benefit of his relations and friends, information received by him in advance for publication. No newspaper owner, editor or anybody connected with a newspaper should use his relations with the newspaper to promote his other business interests. Whenever there is an indictment of a particular advertising agency or advertiser by the Advertising Council of India, the newspaper in which the advertisement was published must publish the news of indictment prominently. Sanjay Ranade, Head, DCJ, UoM

350 Portrayal of Women in Media (1996)
The Central Government in February 1995 forwarded to the Press Council for its views, the recommendations of Maharashtra Government on the possible role of audo-visual and print media in the advancement of the cause of women. A Sub-Committee of the Council interacted with prominent film/media personalities and other eminent persons. Its report was adopted by the Council on January 8, 1996. Sanjay Ranade, Head, DCJ, UoM

351 Sanjay Ranade, Head, DCJ, UoM
While concurring with and endorsing the recommendations of Maharashtra Government’s Policy for Women, the Council made some recommendations, prominent among them being (a) stories of atrocities on women should be published but without sensationalising them; (b) efforts of the media should be directed towards highlighting the positive achievements of women; (c) the downward slide in the moral ethos has to be checked by combating obscenity and vulgarity; (d) the Press Council of India on its part should accord priority to consideration of complaints brought before it on charges of denigrating women and build up further guidelines etc. In conclusion, it was emphasized that fructification of such a policy document will be possible only through the cohesive will of the people of all strata of society. Sanjay Ranade, Head, DCJ, UoM

352 Problems of Small & Medium Newspapers (1996)
A sub-committee of the members of the Council had been set up to go into the problems of small & medium newspapers in the country. The sub-committee in its report to the Council, while identifying the problems faced by the small and medium newspapers, made some concrete long-term/short term recommendations in the matter… Sanjay Ranade, Head, DCJ, UoM

353 Sanjay Ranade, Head, DCJ, UoM
(a) a Small and Medium Newspaper Development Corporation should be set up as an autonomous body with a view to promote and ensure the development of small and medium papers or in the alternative they be encouraged to form cooperative society; (b) the government should devise a suitable advertisement policy in keeping with the guidelines framed by the Press Council of India; (c) the DAVP should display the list of those newspapers which are granted advertisements every quarter; (d) all advertisement bills of the papers should be settled by the Directorate of Audio-Visual Publicity and Directorate of Information and Public Relations within 45 days of the receipt thereof; (e) while printing paper be brought within the purview of newsprint and a specific quantity thereof be earmarked for small and medium newspapers; (f) 75% advertisements like those of biogas chulha, which do not concern the urban areas, should be given to the small and medium newspapers. These recommendations which were twenty-two in all were unanimously adopted by the Press Council. Sanjay Ranade, Head, DCJ, UoM

354 PROTECTION OF CONFIDENTIAL SOURCES OF INFORMATION
In Contempt of Court proceedings the press usually makes the plea that it should not be forced to disclose Confidential source. Sanjay Ranade, Head, DCJ, UoM

355 Sanjay Ranade, Head, DCJ, UoM
"Such a plea for justification has been permitted on a limited basis. The Press’s right to hold on to its sources of information has been balanced against other aspects of public interest. By way of tail piece, it has also been added that the press often demands the right to break confidence more than they plead the right to hold on to their own confidential sources. It is only fair that each claim should be balanced against other claims without conceding total primacy to the press in respect of its investigative and truth verification functions". (See Contempt of Court and the Press, page 173, prepared by Rajiv Dhawan and published under the joint auspices of Indian Law Institute and the Press Council of India) Sanjay Ranade, Head, DCJ, UoM

356 Sanjay Ranade, Head, DCJ, UoM
In 1983, the Law Commission of India sent a questionnaire soliciting the views of the Press Council, inter alia, regarding disclosure of source of information by a journalist acquired by him in confidence for the purpose of his profession. In response to the Law Commission’s question on the subject, the Press Council expressed as follows: Sanjay Ranade, Head, DCJ, UoM

357 Sanjay Ranade, Head, DCJ, UoM
"In the opinion of the Council, the provision contained in Section 15 (2) of the Press Council Act, 1978 incorporates the latest trend and principles on the subject. Although under the above Act it is confined only to the proceedings under the Act it is strongly recommended that it should be made a part of the general law of the land.“ "It is equally strongly felt that if any exception is to be made, it should be done in cases of extreme nature where disclosure is altogether unavoidable in the interest of the administration of justice. But the powers to order disclosure should be conferred only on competent court and that also in confidence to the presiding officer in the first instance, who may then, if satisfied that it is germane to the decision of the case, take such steps as may be necessary to make it a part of the evidence on record". Sanjay Ranade, Head, DCJ, UoM

358 Sanjay Ranade, Head, DCJ, UoM
The Law Commission of India submitted its 93rd Report to the Government of India on 10th August, 1983 recommending for insertion of Section 132A in the Indian Evidence Act, 1872, as under: "132A - No court shall require a person to disclose the source of information contained in a publication for which he is responsibile, where such information has been obtained by him on the express agreement or implied understanding that the source will be kept confidential". Sanjay Ranade, Head, DCJ, UoM

359 Sanjay Ranade, Head, DCJ, UoM
Explanation (a) ‘publication’ means any speech, writing, broadcast or other communication in whatever form, which is addressed to the public at large or any section of the public. (b) ‘source’ means the person from whom, or the means through which, the information was obtained". It seems that the Government of India has not taken any step to get this recommendation of the Law Commission, implemented. The same can be said about the relatively moderate recommendations of the Press Commission/or of the Press Council of India, on this subject. Sanjay Ranade, Head, DCJ, UoM

360 NORMS OF JOURNALISTIC CONDUCT
Sanjay Ranade, Head, DCJ, UoM

361 Sanjay Ranade, Head, DCJ, UoM
Accuracy  and Fairness The Press shall eschew publication of inaccurate, baseless, graceless, misleading or distorted material. All sides of the core issue or subject should be reported. Unjustified rumours and surmises should not be set forth as facts. Sanjay Ranade, Head, DCJ, UoM

362 Pre-publication Verification
On receipt of a report or article of public interest and benefit containing imputations or comments against a citizen, the editor should check with due care and attention its factual accuracy apart from other authentic sources- with the person or the organisation concerned to elicit his/her or its version, comments or reaction and publish the same alongside with due correction in the report where necessary.  In the event of lack or absence of response, a footnote to that effect may be appended to the report. Publication of news such as those pertaining to cancellation of examinations or withdrawal of candidates from election should be avoided without proper verification and cross checking. A document, which forms a basis of a news report, should be preserved at least for six months. Sanjay Ranade, Head, DCJ, UoM

363 Caution against defamatory writings
i) Newspaper should not publish anything which is manifestly defamatory or libellous against any individual/organisation unless after due care and verification, there is sufficient reason/evidence to believe that it is true and its publication will be for public good. ii) Truth is no defence for publishing derogatory, scurrilous and defamatory material against a private citizen where no public interest is involved. iii) No personal remarks which may be considered or construed to be derogatory in nature against a dead person should be published except in rare cases of public interest, as the dead person cannot possibly contradict or deny those remarks. Sanjay Ranade, Head, DCJ, UoM

364 Sanjay Ranade, Head, DCJ, UoM
iv) The Press has a duty, discretion and right to serve the public interest by drawing reader's attention to citizens of doubtful antecedents and of questionable character but as responsible journalists they should observe due restraint and caution in hazarding their own opinion or conclusion in branding these persons as 'cheats' or 'killers' etc. The cardinal principle being that the guilt of a person should be established by proof of facts alleged and not by proof of the bad character of the accused. In the zest to expose, the Press should not exceed the limits of ethical caution and fair comment. v) The Press shall not rely on objectionable past behaviour of a citizen to provide the background    for adverse comments with reference to fresh action of that person. If public good requires such reference, the Press should make pre-publication inquiries from the authorities concerned about the follow up action, if any, in regard to earlier adverse actions. Sanjay Ranade, Head, DCJ, UoM

365 Sanjay Ranade, Head, DCJ, UoM
vi) Where the impugned publication is manifestly injurious to the reputation of the complainant, the onus shall be on the respondent to show that it was true or to establish that it constituted fair comment made in good faith and for public good. (vii) Newspapers cannot claim  privilege or licence to malign a person or body  claiming special protection or immunity on the plea of having published the item as a satire under  special columns such as  ‘gossip’, ‘parody’, etc. (viii) Publication of defamatory news by one paper does not give licence to others to publish  news/ information reproducing or repeating the same. Sanjay Ranade, Head, DCJ, UoM

366 Sanjay Ranade, Head, DCJ, UoM
(ix) Insertion of out -of -context, uncalled for and irrelevant statements likely  to  malign  a person or an organisation must  be eschewed. (x) Freedom of Press does not give licence to a newspaper to malign a political leader or mar his future political prospects by publishing fake and defamatory writings. Sanjay Ranade, Head, DCJ, UoM

367 Sanjay Ranade, Head, DCJ, UoM
(xi) Locus Standi In cases involving personal allegations /criticism, only the concerned person enjoying the locus standi can move the plaint or claim right to reply. However a representative organisation of persons attached to an organisation or a sect / group has the locus standi to move complaints against a publication directly criticising the conduct of a leader. Sanjay Ranade, Head, DCJ, UoM

368 Sanjay Ranade, Head, DCJ, UoM
 xii Public Interest and Public Bodies As a custodian of public interest, the Press has a right to highlight cases of corruption and irregularities in public bodies but such material should be based on irrefutable evidence and published after due inquiries and verification from the concerned source and after obtaining the version of the person/authority being commented upon.  Newspapers should refrain from barbed, stinging and pungent language and ironical /satirical style of comment. Sanjay Ranade, Head, DCJ, UoM

369 Sanjay Ranade, Head, DCJ, UoM
Parameters of the right of the Press to comment on the acts and conduct of public officials i) So far as the government, local authority and other organs/institutions exercising governmental power are concerned, they cannot bring charge of  defamation for reports critical of their acts and conduct relevant to the discharge of their official duties unless the official establishes that the publication was made with reckless disregard for the truth. However, judiciary, which is protected by the power to punish for contempt of court, and the Parliament and Legislatures, protected as their privileges are by Articles 105 and 194 respectively of the Constitution of India, represent exception to this rule. Sanjay Ranade, Head, DCJ, UoM

370 Sanjay Ranade, Head, DCJ, UoM
ii) The central and local bodies are not entitled to bring a civil or criminal action for defamation in respect of article/report criticising their functioning. iii) Publication of news or comments/information on public officials conducting investigations should not have a tendency to help the commission of offences or to impede the prevention or detection of offences or prosecution of the guilty. The investigative agency is also under a corresponding obligation not to leak out or disclose such information or indulge in misinformation. iv) The Official Secrets Act, 1923 or any other similar enactment or provision having the force of law equally bind the press or media though there is no law empowering the state or its officials to prohibit, or to impose a prior restraint upon the Press/media. v)  Those who hold public office and by their own conduct give scope for criticising them, cannot be heard to complain against such criticism. Sanjay Ranade, Head, DCJ, UoM

371 Criticism of Public Figures/Music Reviews
An actor or singer who appears on a public stage submits his performance to the judgement of public and as such the critics’ comments having proximate nexus with the merits of artists performance can not be held to be defamatory.  However, the critics should refrain from writing anything, which could, be construed as remotely casting cloud on the artist’s personal credibility. Sanjay Ranade, Head, DCJ, UoM

372 Sanjay Ranade, Head, DCJ, UoM
Right to Privacy The Press shall not intrude or invade the privacy of an  individual, unless outweighed by genuine overriding public interest, not being a prurient or morbid curiosity. So, however, that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by the Press and the media,  among others. Explanation: Things concerning a person's home, family, religion, health, sexuality, personal life and private affairs are covered by the concept of PRIVACY excepting where any of these impinges upon the public or public interest. Sanjay Ranade, Head, DCJ, UoM

373 Sanjay Ranade, Head, DCJ, UoM
Caution against Identification: While reporting crime involving rape, abduction or kidnap of women/females or sexual assault on children, or raising doubts and questions touching the chastity, personal character and privacy of women, the names, photographs of the victims or other particulars leading to their identity shall not be published. Minor children and infants who are the offspring of sexual abuse or 'forcible marriage' or illicit sexual union shall not be identified or photographed. Sanjay Ranade, Head, DCJ, UoM

374 Privacy of Public figures
Right to Privacy is an inviolable human right.  However, the degree of privacy differs from person to person and from situation to situation.  The public person who functions under public gaze as an emissary/representative of the public cannot expect to be afforded the same degree of privacy as a private person.  His acts and conduct as are of public interest (‘public interest’ being distinct and separate from ‘of interest to public’) even if conducted in private may be brought to public knowledge through the medium of the press.  Sanjay Ranade, Head, DCJ, UoM

375 Sanjay Ranade, Head, DCJ, UoM
The press has however, a corresponding duty to ensure that the information about such acts and conduct of public interest of the public person is obtained through fair means, is properly verified and then reported accurately.  For obtaining information in respect of acts done or conducted away from public gaze, the press is not expected to use surveillance devices.  For obtaining information about private talks and discussion while the press is expected not to badger the public persons, the public persons are also expected to bring more openness in their functioning and co-operate with the press in its duty of informing the public about the acts of their representatives. Sanjay Ranade, Head, DCJ, UoM

376 Sanjay Ranade, Head, DCJ, UoM
The interviews/articles or arguments pertaining to public persons which border on events that are in public knowledge, if reported correctly, cannot be termed as intrusion into private life.  There is a very thin line between public and private life and public persons should not to be too skinned to criticism. Sanjay Ranade, Head, DCJ, UoM

377 Sanjay Ranade, Head, DCJ, UoM
Newspapers are allowed latitude in criticising persons who are in seats of power because their conduct discloses  public interest provided their criticism is not motivated to gratify  private spite of opponent/rival of public figure. Sanjay Ranade, Head, DCJ, UoM

378 Sanjay Ranade, Head, DCJ, UoM
iv) The Official Secrets Act, 1923 or any other similar enactment or provision having the force of law equally bind the press or media though there is no law empowering the state or its officials to prohibit, or to impose a prior restraint upon the Press/media. v)  Those who hold public office and by their own conduct give scope for criticising them, cannot be heard to complain against such criticism. Sanjay Ranade, Head, DCJ, UoM

379 Recording interviews and phone conversation
i) The Press shall not tape-record anyone's conversation without that person's knowledge or consent, except where the recording is necessary to protect the journalist in a legal action, or for other compelling good reason. ii) The Press shall, prior to publication, delete offensive epithets used by a person whose statements are being reported. iii) Intrusion through photography into moments of personal grief shall be avoided. However, photography of victims of accidents or natural calamity may be in larger public interest. Sanjay Ranade, Head, DCJ, UoM

380 Conjecture, comment and fact
i)        Newspaper should not pass on or elevate conjecture, speculation or comment as a statement of fact. All these categories should be distinctly identified. ii)       Cartoons and caricatures depicting good humour are to be placed in a special category of news that enjoy more liberal attitude. Sanjay Ranade, Head, DCJ, UoM

381 Newspapers to eschew suggestive guilt
i) Newspapers should eschew suggestive guilt by association. They should not name or identify the family or relatives or associates of a person convicted or accused of a crime, when they are totally innocent and a reference to them is not relevant to the matter being reported. ii ) It is contrary to the norms of journalism for a paper to identify itself with and project or promote  the case of any one party in the case of any controversy/dispute. Sanjay Ranade, Head, DCJ, UoM

382 Reporting-Proceedings of Legislature
          The newspapers have a duty to report faithfully the proceedings of either House of Parliament, Legislative Assembly and in this regard the newspapers shall not be liable for any proceedings civil or criminal in any court unless it is proved that reporting has been made with malice.  However, the newspapers should not publish any report based on proceedings of a sitting of either House of Parliament or Legislative Assembly or as the case may be either House of the Legislature of a State, which is not open to the media. Sanjay Ranade, Head, DCJ, UoM

383 Caution in criticising judicial acts
i) Excepting where the court sits 'in-camera' or directs otherwise, it is open to a newspaper to report pending judicial proceedings, in a fair, accurate and reasonable manner. But it shall not publish anything :-  which, in its direct and immediate effect, creates a substantial risk of obstructing, impeding or prejudicing seriously the due administration of justice;   or  -is in the nature of a running commentary or debate, or records the paper's own findings conjectures, reflection or comments on issues, sub judice and which may amount to abrogation to the newspaper the functions of the court; or -regarding the personal character of the accused standing trial on a charge of committing a crime. Sanjay Ranade, Head, DCJ, UoM