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1 - 10 of 10 (0.19 seconds)Article 19 in Constitution of India [Constitution]
Ramji Lal Modi vs The State Of U.P on 5 April, 1957
100. The two provisions have been interpreted earlier in a number of cases including Ramji Lal Modi v. State of U.P., AIR 1957 SC 620, Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955, Bilal Ahmed Kaloo v. State of A.P., (1997) 7 SCC 431. It could be correct to say that Section 295-A of the Penal Code encapsulates of all three elements, namely, it refers to the content-based element when it refers to words either spoken or written, or by signs or visible representation or otherwise. However, it does not on the basis of content alone makes a person guilty of the offence. The first portion refers to deliberate and malicious intent on the part of the maker to outrage religious feeling of any class of citizens of India. The last portion of Section 295-A refers to the harm-based element, that is, insult or attempt to insult religions or religious belief of that class. Similarly, sub-section (2) to Section 505 refers to a person making publishing or circulating any statement or report containing rumour or alarming news. Thereafter, it refers to the intent of the person which should be to create or promote and then refers to the harm-based element, that is, likely to create or promote on the ground of religion, race, place of birth, residence, language, caste, etc. feeling of enmity. hatred or ill-will between different religions, racial language, religious groups or castes or communities, etc.
The Code of Criminal Procedure, 1973
Section 505 in The Indian Penal Code, 1860 [Entire Act]
Mahendra Singh Dhoni vs Yerraguntla Shyamsundar on 20 April, 2017
Paragraph no. 6 of Mahendra Singh Dhoni (supra) is being quoted as under :
Amish Devgan vs Union Of India on 7 December, 2020
Paragraph no. 100 of Amish Devgan (supra) is being quoted as under :
Bilal Ahmed Kaloo vs State Of Andhra Pradesh on 6 August, 1997
100. The two provisions have been interpreted earlier in a number of cases including Ramji Lal Modi v. State of U.P., AIR 1957 SC 620, Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955, Bilal Ahmed Kaloo v. State of A.P., (1997) 7 SCC 431. It could be correct to say that Section 295-A of the Penal Code encapsulates of all three elements, namely, it refers to the content-based element when it refers to words either spoken or written, or by signs or visible representation or otherwise. However, it does not on the basis of content alone makes a person guilty of the offence. The first portion refers to deliberate and malicious intent on the part of the maker to outrage religious feeling of any class of citizens of India. The last portion of Section 295-A refers to the harm-based element, that is, insult or attempt to insult religions or religious belief of that class. Similarly, sub-section (2) to Section 505 refers to a person making publishing or circulating any statement or report containing rumour or alarming news. Thereafter, it refers to the intent of the person which should be to create or promote and then refers to the harm-based element, that is, likely to create or promote on the ground of religion, race, place of birth, residence, language, caste, etc. feeling of enmity. hatred or ill-will between different religions, racial language, religious groups or castes or communities, etc.
Article 25 in Constitution of India [Constitution]
Article 26 in Constitution of India [Constitution]
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