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11) The Supreme Court in the case of Bilal Ahmad Kaloo Vs. State of Andhra Pradesh, 1997(3) Crimes 130 (SC), while relying upon the judgment in Balwant Singh & anr. Vs. State of Punjab, (1995) 3 SCC 214, held that mens rea is a necessary postulate for the offence under Section 505 IPC as could be discerned from the words "with intent to create or promote or which is likely to create or promote" as used in clause (c) of sub-section (1). The Court further went on to hold that a person who had not done anything as against any religious, racial or linguistic or regional group or community cannot be held guilty of either the offence under Section 153A or under Section 505(2) of IPC.

12) In Kali Charan Mohapatra v. Srinivas Sahu, AIR 1960 Orissa 65, the High Court of Orissa, observed that Section 505 IPC has to be read along with the provisions contained in Article 19(1) and (2) of the Constitution of India which guarantees to the citizen his right of freedom of speech and expression and bearing in mind the principle that Section 505 IPC deals with subject of liberty, it must be construed very strictly in favour of the defence. The Court further went on to hold that unless the contents of a publication amount to incitement to an offence, the person who has published and circulated the same, cannot be held guilty under Section 505 IPC.

18) In the above context, it will be apt to refer to the judgment of Andhra Pradesh High Court in the case of A. B. K Prasad v. State of Andhra Pradesh and others, AIR 1997 AP 357. It was a case where an Editor of newspaper was booked by police for offences under Section 379, 505 and 411 of IPC and Section 135 and 136 of the Representation of the People Act, 1961, on the basis of a news report whereby he had reported about the rigging at a polling station in the course of the election. The Court, while quashing the proceedings against the Editor of the newspaper, observed as under:

Respondents appeared to know that as a press person and as a citizen of India, Krishna Mohan as well as the petitioner enjoy the freedom of speech and expression and unless it is shown to have violated any existing law, it would be difficult to restrict publication of the news with respect to the elections, particularly when a vigilant press is expected to watch whether there is any unfair practice resorted to by any of the political parties or contesting candidates. Reference to Section 505 of the Indian Penal Code in the First Information Report as one of the charges against Krishna Mohan, it seems, is made only to bring the publication of the news item about rigging at one of the polling stations in the elections within the purview of an existing law which prohibits publication in respect of the matters enumerated therein".