STATE OF BIHAR versus MANGAL SAO

STATE OF BIHAR versus MANGAL SAO

A person in possession of a radio for use maintains as well as works it, hence using or keeping a radio set without a licence constitutes an offence under section 20 of the Indian Telegraph Act, 1885.

Parties
Appellant: State of Bihar; Respondent: Mangal Sao
Jurisdiction
India
Judgment Date
29 March 1962
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Patna High Court Judgment in Criminal Revision No. 76 of 1960
Outcome
Conviction under section 20 of the Indian Telegraph Act, 1885 restored; no separate sentence imposed.
Legal Topics
Radio Receiving Set, Licence Requirement, Indian Telegraph Act, Indian Wireless Telegraphy Act
Criminal Law Radio Receiving Set Licence Requirement Indian Telegraph Act Indian Wireless Telegraphy Act

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Parties

State of Bihar

Appellant

Mangal Sao

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Patna High Court Judgment in Criminal Revision No. 76 of 1960

Legal Issues

  1. 1 Whether the keeping or using of a radio set without a licence amounts to an offence under section 20 of the Indian Telegraph Act, 1885

Ratio Decidendi

A person in possession of a radio for use maintains as well as works it, hence using or keeping a radio set without a licence constitutes an offence under section 20 of the Indian Telegraph Act, 1885.

Court Disposition

Conviction under section 20 of the Indian Telegraph Act, 1885 restored; no separate sentence imposed.

Orders

  • Order of the High Court modified to convict the respondent under section 20 of the Act; sentence already imposed under sections 3 and 6 of the Indian Wireless Telegraphy Act, 1933 is sufficient.