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1 - 10 of 13 (0.37 seconds)Section 298 in The Indian Penal Code, 1860 [Entire Act]
Section 196 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 25 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Section 196 in The Indian Penal Code, 1860 [Entire Act]
Ramji Lal Modi vs The State Of U.P on 5 April, 1957
6. It was lastly contended by Mr. Mehta that the provision in Sub-section (1) of Section 196 of the Code of Criminal Procedure which makes prior sanction of the concerned Government mandatory is violative of Article 25 of the Constitution inasmuch as it creates an obstacle in the path of the person who is keen to protect his religious beliefs because freedom of religion, urges counsel, includes freedom to protect his religion and religious beliefs. We have already pointed out earlier that the offences enumerated in Sub-section (1) of Section 198 of the Code of Criminal Procedure concern maintenance of public order. Article 25(1) begins with the words "subject to public order..." which make it clear that the freedom of conscience and the freedom to practise and propagate religion is subject to public order. Since we are of the view that Sub-section (1) of Section 196 of the Code of Criminal Procedure deals with offences which concern public order and tranquillity, the provision therein, in so far as it relates to the obtaining of prior sanction of the concerned Government, cannot be held to be violative of Article 25 of the Constitution. Suffice it to quote the observations of the Supreme Court in Ramji Lal v. State of U.P. , wherein the challenge to the vires of Section 295A was answered thus: