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Criminal law

JAIDEEP BOSE versus M/S BID AND HAMMER AUCTIONEERS PRIVATE LIMITED

Summons and criminal proceedings against the appellants were quashed because the complaint contained only broad or general allegations (particularly as to the editorial director) without specific averments showing control over selection of content, and the Magistrate failed to conduct the mandatory inquiry under Section 202 Cr.P.C. before issuing process against persons residing outside its jurisdiction; further, there was no material showing actual damage or intent to defame that would justify continuing the proceedings at this stage.

Source excerpt

  • Criminal defamation
  • Section 202 cr.p.c.
  • Press and registration of books act, 1867
  • Editorial liability
  • Freedom of speech and expression
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Criminal law

AROON PURIE versus STATE OF NCT OF DELHI & ORS.

The Supreme Court held that nothing specific in the complaint attributed liability to A-1 (Editor-in-Chief), so he could not be held liable for the acts of the article's author; public servants' acts in reporting or informing superiors were protected under the law (including Exception 8 to Section 499 IPC as explained in Rajendra Kumar Sitaram Pande), and accordingly the summoning order and Complaint No.584/1/2010 were set aside and quashed insofar as A-1 and public servants A-3, A-4 and A-8 were concerned; however, the appeal by A-2 (the author) was rejected and he must face trial on the all…

Source excerpt

  • Quashing of criminal complaint
  • Section 482 cr.p.c.
  • Defamation (sections 499,500 ipc)
  • Liability of editors
  • Protection for public servants' reports
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Criminal law

NARAYAN DASS INDURAKHYA versus STATE OF MADHYA PRADESH

The State Government failed to provide the grounds of its opinion in the forfeiture order as required by section 4(1) of the Criminal Law Amendment Act, 1961. Merely quoting statutory language does not fulfill this requirement.

Source excerpt

  • Forfeiture of publications
  • State security
  • Requirement of stating grounds in administrative orders
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Constitutional law

THE STATE OF BIHAR versus SHAILABALA DEVI

Section 4(1)(a) of the Indian Press (Emergency Powers) Act, 1931, imposes valid restrictions on freedom of speech under Article 19(2) as it specifically targets incitement to violent crimes prejudicial to the security of the State, rather than general public order concerns. The pamphlet in question does not, on its face and without proper evidentiary background provided by the Government, sufficiently establish incitement under section 4(1)(a), and therefore, the security order against the respondent cannot be sustained.

Source excerpt

  • Freedom of speech and expression
  • Reasonable restrictions
  • Validity of section 4(1)(a) of indian press (emergency powers) act
  • Article 19(2), constitution of india
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Constitutional law

BRIJ BHUSHAN AND ANOTHER versus THE STATE OF DELHI.

The majority held that section 7(1)(c) authorised the imposition of pre-publication censorship on the press and that such authorization was not a law 'relating to a matter which undermines the security of, or tends to overthrow, the State' within the meaning of Article 19(2); accordingly section 7(1)(c) (as applied) was unconstitutional and void and the impugned order of the Chief Commissioner dated 2 March 1950 was quashed.

Source excerpt

  • Freedom of speech and expression
  • Pre-publication censorship
  • Article 19(1)(a) and (2)
  • East punjab public safety act, 1949 s.7(1)(c)
  • Public safety and public order
  • Sedition
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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