How are Statements Conducing to Public Mischief Punished? Point out the Exception, if any (Indian Penal Code, 1860)

Section 505 of the Indian Penal Code provides that who­ever makes, publishes or circulates any statement, rumour or report.

(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the army, navy or air force of India to mutiny or otherwise disregard or fail in his duty as such; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or (c) with intent to incite, or which is likely to incite, any class or community, shall be punished with imprisonment which may extend to three years, or with fine or with both. [S. 505(10].

Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between dif­ferent religious, racial, language, or regional groups or castes or com­munities shall, be punished with imprisonment, which may extend to three years, or with fine, or with both. (S. 502(2)].

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Whoever commits an offence specified in sub-section (3) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies shall be punished with im­prisonment which may extend to five years and shall also be liable to fine. [S. 505(2)].

There is an exception to the above provision which lays down that it does not amount to an offence, within the meaning of S. 505, I.P.C. when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such state­ment, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid.

Problems:

(a) A sits dhurna at Z’s door with the intention of causing it to be believed that by so sitting he renders Z an object of Divine displeasure. What offence has A committed?

(b) Ls intoxication alone made punishable under the Code? What are the essential ingredients of the offence under section 501, I.P.C. in regard to misconduct in public by a drunken per­son?

(c) The accused, a University graduate, wrote a letter contain­ing indecent overtures and posted it in an envelope addressed to an English nurse with whom he was not acquainted. Has the ac­cused committed any offence?

Ans. (a) A has committed an offence under section 508, I.P.C. which provides that any person who voluntarily causes or attempts to cause another person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become an object of Divine displeasure if he does not comply with the wishes of the of­fender, shall be punished with imprisonment for a term extending to one year, or fine or both.

(b) Mere intoxication is not made punishable. It is only when a person appears in a state of intoxication in public place, or in any place which it is a trespass in him to enter and there conducts himself in such a manner to cause annoyance to any person, that he commit an offence under Section 510, I.P.C. The ingredients of the offence under this section are: (1) appearance of a person in a state of intoxi­cation in any public place, or any place whicli it is a trespass in him to enter; and (2) the person so entering must have conducted himself in such a manner as to cause annoyance to any person.

(c) The accused has committed an offence of insulting the mod­esty of a female nurse under section 509, I.P.C. The letter though enclosed in an envelope, was an object which was exhibited to the nurse to whose address it was posted. The accused is liable to punish­ment extending to one year, or fine or both.