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Showing contexts for: decency in Kaushal Kishor vs The State Of Uttar Pradesh Govt. Of U.P. ... on 3 January, 2023Matching Fragments
18. After aforesaid two decisions, the Parliament sought to amend the Constitution through the Constitution (First Amendment) Bill, 1951. In the Statement of Objects and Reasons to the First Amendment, it was indicated that the citizen's right to freedom of speech and expression guaranteed by Article 19(1)(a) has been held by some Courts to be so comprehensive as not to render a person culpable, even if he advocates murder and other crimes of violence. Incidentally, the First Amendment also dealt with other issues, about which we are not concerned in this discussion. Clause (2) of Article 19 was substituted by a new clause under the Constitution (First Amendment) Act, 1951. For easy appreciation of the metamorphosis that clause (2) of Article 19 underwent after the first amendment, we present in a tabular column, Article 19(2) prefirst amendment and postfirst amendment as under: PreFirst Amendment – Article PostFirst Amendment – Article 19(2) 19(2) (2) Nothing in subclause (a) of clause (2) Nothing in subclause (a) of (1) shall affect the operation of any clause (1) shall affect the operation existing law in so far as it relates to, of any existing law, or prevent the or prevents the State from making State from making any law, in so far any law relating to, libel, slander, as such law imposes reasonable defamation, contempt of court or any restrictions on the exercise of the matter which offends against decency right conferred by the said sub or morality or which undermines the clause in the interests of the security of, or tends to overthrow, the security of the State, friendly State. relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
Section 117 of the IPC 1. Public Order Individual Persons Abetting commission of 2. Incitement to an Offence Protection from offence by the public or by incitement to commit more than ten persons. offence. There is an illustration under the section which forms part of the statute. This illustration seeks to restrict freedom of expression Illustration: A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section. Section 124A of the IPC 1. Public Order State – Protection against Sedition48 2. Decency and Morality disaffection Section 153A(1)(a) of the 1.Public Order Groups of Persons IPC Promoting enmity 2. Decency and Morality Protection from between different groups on disrupting harmony ground of religion, race, among different sections place of birth, residence, of society. language, etc., and doing acts prejudicial to maintenance of harmony
Section 171C of the IPC 1. Public Order Candidates contesting Undue Influence at the Election and Voters – Elections To ensure free and fair election and to keep the purity of the democratic process Section 228 of the IPC Contempt of Court Court –To prevent people Intentional insult or from undermining the interruption to public authority of the court. servant sitting in judicial proceedings Section 228A of the IPC 1. Public Order Individual persons Disclosure of identity of the 2. Decency and Morality (Victims of offences u/s victim of certain offences 376) Protection of etc. identity of women and minors. Section 295A of the IPC 1. Public order, Sections of society Deliberate and malicious 2. Decency and morality professing and practicing acts, intended to outrage different religious religious feelings of any beliefs/sentiments. class by insulting its religion or religious beliefs. Section 298 of the IPC 1. Public order, Sections of society Uttering words, etc., with 2. Decency and morality professing and practicing deliberate intent to wound different religious religious feelings. beliefs/sentiments. Section 351 of the IPC – 1. Public Order Individual Persons – Assault. The definition of 2. Decency and morality Protection from Criminal assault includes some Force. utterances, as seen from the Explanation under the Section. Explanation: Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. Section 354 of the IPC 1. Public Order Individual Persons – Assault to woman with 2. Decency and morality Protection of Modesty of intent to outrage her 3. Defamation a Woman. modesty Note: The Definition of Assault includes the use of words. Section 354A of the IPC – 1. Public Order Individuals – Protection Sexual Harassment (It 2. Decency and morality of Modesty of a Woman. includes sexually colored 3. Defamation remarks). Section 354C of the IPC – 1. Public Order Individuals – Protection Voyeurism 2. Decency and morality of Modesty of a Woman. 3. Defamation Section 354D of the IPC – 1. Decency and Morality Individuals – Protection Stalking 2. Defamation of Modesty of a Woman. Section 354E of the IPC – 1. Public Order Individual Persons – Sextortion 2. Decency and morality Protection of Modesty of 3. Defamation a Woman. Section 355 of the IPC 1. Public Order Individual Persons – Assault or criminal force 2. Decency and morality Protection of reputation. with intent to dishonour 3. Defamation person, otherwise than on grave provocation. Note: The Definition of Assault includes use of words. Section 383 of the IPC – 1. Public Order Individuals – Protection
Extortion (The illustration 2. Decency and Morality from fear of injury/ under the Section includes Protection of Property.
threat to publish defamatory libel). Illustration: A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. Section 390 of the IPC – 1. Public Order Individuals – Protection Robbery 2. Decency and Morality from fear of injury/ Protection of Property. Note: In all robbery there is either theft or extortion. Section 499 of the IPC – Defamation Individual Persons and Defamation Group of People – Reputation sought to be protected. Section 504 of the IPC – 1. Incitement to an offense The public – Protection of Intentional insult with 2. Public Order Peace.