State the provisions of the Code with regard to insult offered to a person other than public servants and statements conducive to public mischief.

Question: State the provisions of the Code with regard to insult offered to a person other than public servants and statements conducive to public mischief.

Find the answer to the mains question only on Legal Bites. [State the provisions of the Code with regard to insult offered to a person other than public servants and statements conducive to public mischief.]

Answer

Section 505 of the Indian Penal Code, 1860 lays down the provision with respect to statements conducive to public mischief.

The provision in its first clause states that any person who makes, publishes or circulates any statement or rumour or report with the intention:

1. To cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or the Air Force of India to mutiny or otherwise disregard or fail in his duty;
2. To cause, or which is likely to cause, fear or alarm to the general public, or to any particular section of the public whereby any person may be convinced to commit an offence against the State or against public tranquillity;
3. To incite, or which is likely to incite, any class or community of persons to commit any kind of offence against any other class or a community.

The perpetrator in all these aforementioned situations will be liable to be punished with imprisonment which may extend up to the duration of three years; or with a fine; or both.

In the case of Kedar Nath v. State of Bihar (1962 AIR 955), the constitutional validity of Section 505 and Section 124A of the Indian Penal Code, 1860 was called into question. The Apex Court in its judgment said that each constituent element of Section 505 of IPC,1860 has a reference to and a direct effect on the security of the State and the public order. It declared that Section 505 of IPC, 1860 did not exceed the boundaries of reasonable restriction for the purposes of the right of freedom of speech and expression.

The offence committed under this section is Non-cognizable, non-bailable and non-compoundable and is triable by any Magistrate

In Kalicharan Mohapatra v. Srinivasa Sahu AIR 1960 Ori 65 the Orissa High Court observed that although the provision is a definite restriction on the freedom of speech and expression, the offence committed should be construed in the favour of the defence.

The Court held that legitimate display of grievances by means of publication of pamphlets, which some sections of the public may have against the authorities, cannot be brought under the ambit of this provision. It was held that such an act does not constitute an offence under this Section.

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