What is the law relating to the destruction of libellous and other matters?

Question: What is the law relating to the destruction of libellous and other matters?

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Answer

Code of Criminal Procedure prescribes the situation where the court has been empowered to grant permission regarding the destruction of all copies of things pertaining to conviction. Section 455 in Chapter XXXIV of the Code of Criminal Procedure deals with the provision of the destruction of libellous and other matters.

Sub-section (1) of the provision provides that on a conviction of the accused under section 292, section 293, section 501 or section 502 of the Indian Penal Code, the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.

Further, the sub-section (2) provides that the Court may, in like manner, on a conviction under section 272, section 273, section 274, or section 275 of the Indian Penal Code, order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed.

So, this Section states that if the court deems it to be fit, it may order the destruction of all the copies of a thing in respect to a conviction made under:

• Section 292 of IPC (Sale etc. of Obscene books etc.),
• Section 293 of IPC (Sale, etc., of obscene objects to a young person),
• Section 501 of IPC(Printing or engraving matter which is known to be defamatory), and
• Section 502 of IPC(Sale of printed or engraved substances containing defamatory system) of the Indian Penal Code.

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