Other Relevant Laws
Punjab Special Powers (Press) Act, 1956
Section 2 & 3 of the act states that the State Government or any authority so authorised, can prohibit publication of a particular subject or class of document in a newspaper or periodical or can even prohibit bringing into Punjab any such newspaper or periodic or any publication, which it thinks is necessary for the purpose of preventing or combating any activity prejudicial to communal harmony or any public order.
Section 27B Clause (1) of the act states that any officer of the post office authorised by the post master - general, may detain may detain any postal article in course of transmission of it by post if he suspects to contain any newspaper, book, or document containing seditious matter punishable under section 124A of IPC, or any newspaper defined in the Press & Registration of the books act, 1857 edited, printed, or published otherwise the conformity with that act. The state government can examine he contents and dispose them off if it finds any discrepancy in it.
Any person interested in the any article detained can apply to state government for its release and if the application is rejected it can be appealed to high court that too within two months. Jurisdiction of the courts is barred otherwise than by way of appeal under section 3 mentioned above.
The Police ( Incitement to Disaffection ) Act, 1922
According to section 3 of the act whoever who intentionally causes or attempts to cause disaffection among police force towards the government established by law or induces any member of police force to withhold his duty or to commit breach of discipline shall be culpable with imprisonment which can be extended t six months with or without fine of 200 rupees.
Section 4 saves the two acts from being a offence under the act - an act, for promoting welfare/interest of police force by inducing him to withhold his duty in a manner prescribed by law, done in good faith. & an act by an association authorised and recognized by government for furtherance of interests police force if the act is done under any rule of the association approved by government.
Hndu Marriage act, 1955
Section 22 of the act states that proceedings under the act shall be conducted in a camera if desired by either party or the court, further it shall be unlawful if any person prints or publishes any matter relating to such proceedings except with prior permission of the court. Any person acting in the contravention of the provision shall be punishable with fine which may extend to one thousand rupees.
Section 2 specifies that ‘harmful publication’ means publication of commission of offences, acts of violence or cruelty, incidents of repulsive or horrible nature in a way that it can corrupt a young person (under 20 years) and encourage him to commit offence. If a person helps in publication of such thing the person is punishable with imprisonment, which may extend upto 6 months, and further the court may order destruction of all such copies of harmful publication.(Section 3)
If the state government thinks that any publication is harmful publication with consultation of principal law officers of he state, it may order to forfeit such harmful publication, further it shall be lawful for the police officer to seize the same whenever found in the territory. (Section 4). Appeals can be made to high court against such forfeiture within 60 days (section 5). Competent authorities can authorise a police officer to search, seize and even destroy such harmful publication. (Section 6). Any offence under the act is cognizable not overriding anything contained in code of criminal procedure, 1898.
Children Act, 1960
Criminal law Amendment Act, 1961
Section 2 of the act states that anyone who by words or expressions questions the territorial integrity or the frontiers of India in a manner prejudicial to safety or security of India, shall be punishable with imprisonment which may extend to 3 years with or without fine.
Section 3 grants authority to Central government to declare any area adjoining the frontiers of India to be notified area by notification in official gazette, if it considers it to be in the interests of the safety and security of India. Thereafter whoever publishes or circulates in a notified area any statement, rumour, or report which is or is likely to be prejudicial to safety, security, and maintenance of public order, shall be punishable with imprisonment which nay extend to 3 years with or without fine. If any person, who wasn`t a resident of the notified area, when it was notified, enters or attempts to enter such notified area without written permission granted by competent authority, shall be punishable with imprisonment which may extend to one year with or without fine.
Section 4 states that State Government may by notification in official gazette, declare any newspaper or book printed to be forfeited if it considers that it contains any matter punishable under section 2; it can even authorise a police officer to search and seize such documents.
Appeals can be made to high court against such forfeiture within 2 months of such order under section 5(1). Further jurisdiction of courts is barred for affairs under section 4 other than by way of appeal stated above.
tomic energy act, 1962
Central government may order to restrict disclosure of any information contained in any kind of document which relates to an existing or proposed plant for producing, developing, or using atomic energy, the purposes or method of operation, any process operated or proposed so. No person shall disclose, obtain, attempt to obtain any such restricted information without authority of central government. The sections do, not restrict information other than information related to such restrictions and information which has been available to public lawfully.(Section 18)
According to section 19 of the act, the central government may prohibit, entry into a prohibited area and taking of drawing, photograph etc or any document by any person; and any permission given to do such things too.
According to section 24 any person who contravenes any of these provision is punishable with imprisonment for a term which may extend upto 1 year with or without fine.
The Civil Defence Act, 1968
Section 3(1) of the act authorises central government, for prohibiting the printing and publication of any newspaper, news sheet or other document containing matter prejudicial to civil defence, by notification. It can also demand security from any press used for purpose of printing or publishing, and forfeiting the copies of any such paper containing any such matter.
Criminal Procedure Code, 1973
According to section 91(1) of the code provides that any court may issue a summons or any officer in charge of a police station may issue a written order; to the person who have such document or thing which such authority thinks is desirable for the purposes of any investigation, inquiry, trial or other proceedings under the code; requiring him to attend or produce such document.
Sub section 2 of the section provides that the section does not -
(a) affect sections 123 & 124 of Indian evidence act, 1872 or Bankers books evidence act.
(b) Apply to letter, postcard, telegram or other document or any parcel or thing in the custody of postal or telegraph authority.
Section 93 provides that a court may issue a search warrant directed to a person in following conditions -
(a) when the court thinks the person will not produce the document or thing required by the summon.
(b) when possession of the person of the document or thing is not known by the court.
(c) When court considers that purpose the proceedings will be served by a general search or inspection.
Section 95 states that the state government may by notification declare every copy of a newspaper or any document to be forfeited to the government if it thinks it contain any matter punishable under sections 124A, 153A, 153B,292, 293, 295A of Indian penal code and also may authorise a police officer to search and seize the same wherever found. Section 96 provides that any person having interest in the such document can appeal in the high court within two months of such order. Jurisdiction of the court is barred otherwise than by way section 96.
Case Law : Chinna Annamalai v. State of Tamil Nadu
Judges : Krishnaswamy Reddy, Ganesan and Maharajan
" An order under section 99 A can be made only when the government forms certain opinion that the document concerning which the order proposed to be made contains any matter the publication of which is punishable under section 124A or 153A or 295A IPC. Two essential things which are required for passing the order under section 99A are : (1) the formation of opinion as required under the section : and (2) the grounds on which such opinion is formed to be stated in the order. These two things are mandatory.(Para 9)
An order, which does not contain the grounds of opinion on the basis of which the order declaring the seizure of the document to be forfeited to the government is founded to be liable to be quashed. Mere lifting the words of the section in the order of forfeiture cannot be said to contain the grounds of opinion. (Para 9)
Where an order of forfeiture of a poster was passed without stating as to how, why and in what manner and between which groups the feeling enmity or hatred the printing and publication of the said poster had promoted or attempted to promote, it was held that the order was bad." (Para 12)
According to section 108 of the code a Judicial Magistrate of the first class can demand a bond for maintaining good behaviour from a person for period he thinks fit (not exceeding 1 year) in following conditions:
(a) when the person in any manner intentionally disseminates or attempts so, of any matter whose publication is punishable under section 124A, 153A, 153B, or 295A of IPC; or matter amounting to criminal intimidation or defamation under IPC, concerning a judge and relating to the purported discharge of his official duties.
(b) Publishes in any way any obscene matter referred to in section 292 of the IPC.
National Security Act, 1980
Section 3 of the act empowers the appropriate government to make an order or preventive detention of a person with a view to preventing him from acting in any manner prejudicial to -
The defence of India.
The relation of India with foreign powers.
The security of India or of a state.
The maintenance of public order.
The maintenance of supplies and services essential to community.
The words `in any manner` include by means of writing also; hence, the press should be careful not to publish anything foregoing nature e.g., which creates any kind of public insecurity.
The Indecent Representation of Women (Prohibition) Act, 1986
Section 4 of the act states that no person shall help in production or publication of any such document in any way, which contains indecent representation of women in any form. Further it is specified in the act that the section does not apply to any document which is meant for public good on the ground of being in interest of science, literature, art, learning or other objects of general concern or for bona fide religious purpose and any representation on any ancient monument or temple or car used for the conveyance of the idols, or any film in respect of which provisions of the Cinematograph Act, 1952 will be applicable.
Any gazette officer authorised by the state government can search and seize any such document if he thinks is contravention to the act.(section 5)
Any person who contravenes these provisions shall be punishable under Section 6 for imprisonment of the term not less than 2 years with or without fine which may extend to two thousand rupees and in the event of second or subsequent conviction imprisonment for term not less than 6 months which an extend to 5 years with or without fine not less than ten thousand rupees which may extend to one lakh rupees.