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1 - 10 of 14 (0.21 seconds)Section 153B in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 179 in The Code of Criminal Procedure, 1973 [Entire Act]
Gopal Vinayak Godse vs The Union Of India And Ors. on 6 August, 1969
In the case of Gopal Vinayak Godse v. Union of India: AIR
1971 Bom. 56 , Chandrachud, J. (as he then was) delivering the
judgment of the Special Bench emphasised that in order to bring a
case within the purview of Section 153A, intention to promote
enmity or hatred apart from what appeared from the writing itself
was not a necessary ingredient. It was enough to show that the
language of the writing was of a nature calculated to promote
feelings of enmity and hatred for, a person must be presumed to
intend the natural consequences of his act. The Special Bench of
that court carefully went into the different passages of the book
entitled "Gandhi Hatya animee" which had been proscribed by the
Delhi Administration under Section 99A of the Code of Criminal
Procedure, 1898 and was of the view that although the language of
the book was somewhat heavy and involved, it was not of a nature
which could inflame feelings of hatred and enmity between Hindus
and Muslims and no criminality could attach to the author under
Section 153A of the Indian Penal Code.
Kedar Nath Singh vs State Of Bihar on 20 January, 1962
In the case of Kedar Nath Singh v. State of Bihar: AIR 1962
SC 955 , the Supreme Court had to consider if Section 124A
Indian Penal Code which prescribes punishment for the offence of
sedition (sic). It was urged before the court that, the provision was
violative of the fundamental right guaranteed to the citizens under
Article 19(1)(a) of the Constitution. Their Lordships held that the
true scope and content of Article 19(1)(a) can be determined only
by reading it along with Clause (2) of the said Article which is in
the nature of an exception to the general words used in Article
19(1)(a). Sinha, C. J. speaking for the court held:
Article 19 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Section 124A in The Indian Penal Code, 1860 [Entire Act]
State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
4. The petition is opposed by respondent No.2 on the ground that the F.I.R. cannot
be quashed since it does not fall within the parameters laid down by the Supreme Court in
State of Haryana & Others Vs. Ch. Bhajan Lal & Others; 1992 Supp. (1) SCC 335. It is
submitted that the petitioner after filing of present petition had approached the Supreme
Court by way of an SLP and the SLP was disposed of by restraining State of Gujarat and
W.P. (Crl..) No.801/2008 Page No.2 of 8
its authorities and officials from taking any step to arrest and detain the petitioner in
connection with the proceedings arising out of the articles written by the petitioner. This
petition was a gross misuse of law. It is further submitted that following were the
statements made by the petitioner in the articles in reference to State of Gujarat and
Gujaratis in the article :-