Chapter VIII

Section 108 CrPC: Security for good behaviour from persons disseminating seditious matters

New Law Update (2024)

Section 130 BNSS

TRIAL COURT

Executive Magistrate

Punishment​

Procedural – Appeals / Revision

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,—
(i) either orally or in writing or in any other manner intentionally disseminates or attempts to disseminate, or abets the dissemination of,—
(a) any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code (45 of 1860), or
(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Indian Penal Code, or
(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts in circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860),
and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

(6) No proceeding shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication, except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

Important Sub-Sections Explained

Section 108(1)

This sub-section outlines the specific grounds under which an Executive Magistrate can initiate proceedings to require a person to furnish a bond for good behaviour, focusing on those who disseminate or abet the dissemination of seditious, communal, defamatory matter against judges, or obscene materials.

Section 108(6)

This crucial sub-section provides an important safeguard for press freedom, stipulating that no proceedings under this section can be taken against the editor, proprietor, printer, or publisher of registered publications without a specific order or authority from the State Government or its empowered officer.

Landmark Judgements

Kedar Nath Singh v. State of Bihar (1962):

This landmark Supreme Court judgment upheld the constitutionality of Section 124A IPC (sedition) but significantly narrowed its scope, holding that for an act to constitute sedition, there must be an intention or tendency to create public disorder or incitement to violence. This interpretation is crucial for proceedings under CrPC Section 108(1)(i)(a) which refers to seditious matter.

Shreya Singhal v. Union of India (2015):

While primarily striking down Section 66A of the Information Technology Act, this Supreme Court ruling reinforced the importance of freedom of speech and expression, distinguishing between mere advocacy or discussion and incitement. Its principles on reasonable restrictions on free speech are highly relevant when considering preventive measures against dissemination of content, as outlined in Section 108 CrPC.

Draft Format / Application

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