A History of Press Legislation in India

• In India, the history of laws directed against the Press dates from the days of the East India Company almost
simultaneously with the growth of newspapers which, from their inception, took up the criticism of the
administration and of the officials responsible for it.
The first Indian newspaper - the ‘Bengal Gazette’ was published in 1780 at Serampore.
• The Bengal Gazette was produced on Saturday, January 29, 1780 by James Augustus Hicky. Hicky
described his publication as a ‘weekly political and commercial paper open to all parties but influenced by
none’. Most of its pages were devoted to advertisements. It was a two-sheet paper about 12” by 8” with
three columns of printed matter on both sides.
• It published extracts from the English newspapers and correspondence from local and distant writers. Its
special features were addresses to the public from Mr Hicky’s a ‘poet’s corner’ and the local gossip relating
to the British community in Calcutta.
• Most of the British authors and poets in India in the closing years of the 18th and the beginning of the 19th
century, it is well-known, demonstrated their ‘exile mentality’ in their writings.
• There was a suspicion that Sir Philip Francis, a member of the Governor-General’s council and an enemy of
Warren Hastings, supplied Hicky with slanderous information which Hicky skillfully used in his paper to
annoy Hastings. A suspicion fortified by the fact that Hicky’s paper never attacked Sir Francis himself.
• Reports that another newspaper was being planned and the subscribers of Hicky’s Gazette were being
approached infuriated Hicky into maligning everyone who supported the new venture.
• The grant of postal facilities to the new paper called the India Gazette made Hicky attack Warren Hastings
right and left through his wife.
• Chief Justice Elijiah Impey became his special target of attack whom he criticised for dubious ways of
amassing wealth.
• He referred to Mrs Hastings as ‘Marian Allypore’ and the Impey as poolbandy, hinting at a lucrative
contract for maintaining bridges which Impey had secured for a relative.
• On September 2, 1780, the Bengal Gazette wrote about the utter futility of importing European goods since
there was no demand for them in Madras and in November 1780, the government stopped its circulation
through the post.
• It was the exposure of the failure of British economic colonialism.
• The Government order said:
• Public Notice is hereby given that a weekly newspaper called the Bengal Gazette of Calcutta General
Advertiser, printed by J A Hicky, has lately been found to contain several improper paragraphs tending to
vilify private characters and to disturb the peace of the settlement, it is no longer permitted to be circulated
through the channel of the General Post Office.
• Bombay was the last of the presidency town to have its own paper.
• The Bombay Herald appeared in 1789.
• It was followed by the Courier a year later and merging into the Bombay Gazette was to serve as an official
publication in 1791.
• The Courier is noteworthy as a first paper to cater in part to an Indian public – it published advertisements in
Gujarati.
• The editors had learnt that in order to stay in business Government patronage was needed.
• All newspapers solicited the privilege of printing official announcements and notices.
• The Bombay Gazette requested it should be given exclusive patronage by the Government and the Bombay
Government agreed to it. It announced that the publication of notices, orders and resolutions in the Bombay
Gazette was to be considered sufficient notification to any servant of the company.
• In Madras and Bombay, the Government’s relationship with the newspapers was one of understanding, the
latter looking after the sensitiveness of the Government by following a course of submissiveness.
• But Bengal newspapers continued to be volatile and were viewed by the British Government with suspicion.
• Bengal had been considerably toned down by Hicky’s prosecution, but now and then editors defied British
authoritarianism and criticised it bitterly.
• Around 1786 William Duane, an Irish-American printer who had arrived in Bengal in the East India
Company’s service, became editor of the Bengal Journal and The World just as Charles Cornwallis, 1st
Marquess Cornwallis, a British military commander, best remembered as one of the leading British generals
in the American Revolutionary War, became the Governor-General and Commander in Chief.
• Cornwallis had a dual task before him – the subjugation of Marathas, and to consolidate and reform the
Company’s administration in India.
• Cornwallis was thus not in a mood to brook any criticism and interference from the editors.
• Duane ran into trouble with Cornwallis for publishing a false report of his death in the Maratha War. He
attributed the news to a French colonel who denied the report and demanded that the Government should
obtain an apology from Duane. Cornwallis ordered that Duane should be arrested and transported to
England.
• The East India Company from the governor-general downwards to the least important official in the
administration was hostile to the press although it was owned and managed by Englishmen.
• The contents of newspapers during the period from 1779 to 1800 reveal the influence of Hicky.
• Foreign news, Parliamentary debates, extras from English newspapers, social news, letters to the editor and
poet’s corner furnished the reading matter.
• Editorials dealt with subjects of interest to the European community. The newspaper as a matter of fact were
organs of local British public opinion.
• Though the merchant, the lawyer and the doctor were looked down upon by the administration, even then, at
times, their views found expression in the newspapers.
• The Press throughout the aforesaid period enjoyed as much freedom as its counterpart in U.K. There was no
set policy or regulation.
• It took a long time before Indian-owned newspapers and Indian journalists appeared on the scene and the
Europeans had a monopoly of the print media.
• The staple of the early journals was scandal, gossip and official lapses and misdemeanours.
• No one was spared and even the highest in the land had to go to court to protect their honour.
• There were no legal restrictions on the press as such and the only weapon which could be used against
offending editors were pre-censorship, and proceedings for libel and deportation.
• Following Duane’s deportation other editors came under strict scrutiny.
• Holt Mekenley, editor of the Telegraph was questioned about his articles on the corruption in Government
offices.
• The editor of the Calcutta Gazette was censured for making references to the official communication
between the Court of Directors and the French Republic.
• Charles Maclean, the founder of the Bengal Hurkaru was deported to England for accusing the postal
authorities for detaining his personal correspondence and for writing a signed letter in the Telegraph
criticising the conduct of a magistrate of Ghazepore.
• Deportation was the most effective weapon used to eliminate troublesome and unwanted editors and ‘Silk
Buckingham’ was the most important victim of this device.
• James Silk Buckingham (1786-1855)
• An English author and traveller, he was born at Flushing near Falmouth, the son of a farmer and had a
limited education. His youth was spent at sea, and in 1797 he was captured by the French and held as a
prisoner of war at Corunna.
• After years of wandering he settled in India, where he established a periodical, the Calcutta Journal in 1818.
• The venture at first proved highly successful but in 1823 the paper’s outspoken criticisms of the East India
Company led to the expulsion of Buckingham from India and to the suppression of the paper by John Adam,
the acting governor general in 1823.
• His case was brought before the select committee of the House of Commons in 1834 and a pension of
pounds 500 a year was subsequently awarded him by the East India Company as compensation.
• However, when the ‘half-castes’ or the Anglo-Indians were appointed as editors it became difficult to deport
them since they were not natives of Britain.
• The Supreme Court of Calcutta and the Privy Council in London felt the law had to be made more stringent
to plug the loophole.
• 1799
• The Governor-General, Richard Colley Wellesley, the 1st Marquess Wellesley, came to India in 1798. He
was engaged in fierce and final stage of struggle with Tipu Sultan and was completely intolerant of any
dissent.
• The first casualty during his regime was Charles Bruce, editor of the Asiatic Mirror. Bruce’s article gave
estimated figures of European and native troops which was considered interference in Government affairs.
• Wellesley was the first Governor-General who thought of laying down rules governing the press in India.
• On May 13, 1799 Wellesley issued Regulations requiring newspapers, under pain of penalty, to print the
names of the printer, publisher, proprietor and editor of newspapers and to submit all material published
therein for pre-censorship by the Secretary to the Government of India.
 • Wellesley wrote to Sir Alfred Clarke, commander-in-chief: “I shall take an early opportunity of transmitting
rules for the conduct of the whole tribe of editors. In the meantime, if you cannot tranquilise this and other
mischievous publication, be so good as to suppress them by force and send their persons to Europe”.
• Before Wellesley there were no restrictions on the press except pre-censorship.
• The only thing editors had to fear was assault, the possibility of being challenged to a duel by an aggrieved
person and the English law of libel.
• The pre-publication censorship was extended by degrees to the entire printed word.
• The object was to prevent publication of reports unfavourable to the administration.
• While the original intention was to stop local opinion from reaching England, it was extended to prevent its
spread in India itself.
• The Bombay censor was rebuked by Wellesley for permitting premature disclosure of news of the
appointment of Cornwallis to succeed Wellesley in Bombay newspapers.
• The censor, Warden, was on one occasion recalled to Bombay from a week-end holiday to delete passages
from speeches in the House of Commons critical of officials in India.
• Wellesley’s attitude to the press was described by a foreign writer in these words -
During his period of office, this dread of the free diffusion of knowledge became a chronic disease continually
afflicting the members of government with all sorts of hypochondriacal dry fears and nightmares in which the
vision of the printing press and the Bible were ever making his flesh to creep and his hand to stand erect with
honour. It was our policy in those days to keep the natives of India in the profoundest possible state of barbarism
and darkness and every attempt to diffuse the light of knowledge among the people either of our own or of the
independent states was vehemently opposed and resented.
The chief provisions of the regulations issued by were:
1. Every printer of a newspaper was required to print his name at the bottom of the paper
2. Every editor and proprietor of a newspaper should notify his name and address to the secretary to the
government.
3. No newspaper should be published on Sundays.
4. No newspaper should be published unless it was inspected previously by the secretary to government.
5. The penalty for infringement of the law would be immediate deportation.
• Rules, framed for the guidance of the secretary, banned publication of …
• All information relating to the finance of the Company, troop movements, shipping news, naval or military
preparations, movement of supplies or spies, reprinting of extracts from European newspapers which might
affect the credit of the British power with Indian states, observations conveying information to an enemy or
‘exciting alarm or commotion in the company’s territories, such as statements with regard to the probability
of war or peace with any of the Indian powers and all private scandals or libels on individuals.
• A chronicler of the times says: ‘The press on the whole accepted the restrictions and with evasions of pre-
censorship on the one hand and warnings on the other, a working basis was established which obviated the
need to resort to deportation’.
• 1823
• Pre censorship was abolished and an ordinance was issued by the acting Governor General, John Adam. The
ordinance was called the ‘Adam Regulation’. It made the restrictions on the press more stringent.
• The ordinance laid down that every newspaper, journal, pamphlet or printed matter in any language should
obtain a license from the Governor-General in Council signed by the chief secretary before publication.
• The Governor-General in Council was empowered to cancel the license after issuing due notice and it would
be published in the gazette.
• The second part of the regulations was called, ”Regulation of Printing Establishments,1923”
• It prohibited the publication or circulation of any newspaper or book or printed matter without a license.
Unlicensed presses were to be attached by magistrates. It was laid down that the name of the printer and the
place where it was printed should be prominently published in the first and last pages of the publication.
• 1835
• The foregoing licensing Regulations were replaced by the “Registration of the Press Act” also known as the
Metcalfe Act in the name of Sir Charles Metcalfe, another acting Governor-General. Charles Theophilus
Metcalfe, 1st Baron Metcalfe, was born at Calcutta.
• Metcalfe was more sympathetic towards the press.
• Metcalfe appreciated the importance of newspapers and felt they should be allowed to function without
restraint.
• He believed the press was an instrument more for the education of the people than for information to the
rulers.
• He was also opposed to any discrimination as between the English-owned and Indian-owned press.
 • He wanted closer official association with the press as the only way of ensuring informed and balanced
criticism.
• He abolished the Bengal Press Regulation of 1823 and the Bombay Press Regulations of 1825 and 1827.
• 1857
• In the wake of the Mutiny, Charles John Canning, the 1st Earl of Canning known as Viscount Canning or
Lord Canning, Governor-General, promulgated the Press Act of 1857 which re-introduced all the restrictions
imposed on the press by the Adam Regulations of 1825.
• It was intended to ‘regulate the establishment of printing presses and to restrain in certain cases the
circulation of printing books and papers’.
• Printing presses were expected to obtain a license to function or to print a newspaper or book.
• The government was empowered to issues licenses at its discretion and revoke them at any time.
• The government was also given the power to prohibit the publication or circulation of any newspaper, book
or printed matter in any part or throughout its territories.
• It was provided that no newspaper or periodical or pamphlet printed in a licensed press ‘shall contain any
observations or statements impugning the motives or designs of the British Government either in England or
India or in any way tending to bring the said government into hatred and contempt, to excite disaffection or
unlawful resistance to its orders or to weaken its lawful authority or the lawful authority of its civil or
military servants’.
• The Act also said that ‘no such newspaper, pamphlet or book shall contain observations having a tendency
to weaken the friendship towards the British Government of native princes, chiefs or states in dependence or
alliance with it’.
• The provisions of the Act were to apply to both the European-owned and Indian-owned newspapers and this
was the cause of European hostility to Lord Canning who became unpopular in that community for what
was called his ‘soft’ policy towards the natives.
• 1860
• This year was a landmark inasmuch as it saw the passing of the Indian Penal Code, which, though not
directed specifically towards the Press, laid down offences which any writer, editor or publisher must avoid,
e.g. the offences of defamation, obscenity. Later amendments introduced the offences of sedition (S 124A,
inserted in 1870); promoting enmity between classes (S 153A added in 1898); imputations or assertions
prejudicial to national integration (S 153B, inserted in 1972); outraging religious feelings (S295A, added in
1927).
• Section 124 A dealt with Sedition.
• Section 153 A and B with promoting enmity between different groups on grounds of religion, race, place of
birth, residence, language etc, and doing acts prejudicial to maintenance of harmony,
• Section 292 and 293 deal with sale, etc., of obscene books in general and specifically to young people,
• Section 295 A with deliberate and malicious acts intended to outrage religious feelings of any class, by
insulting its religion or religious beliefs,
• Section 499 deals with defamation and
• Section 505 deals with statements conducing to public mischief.
• S.124 A, Sedition
• Whoever by words, either spoken or otherwise, brings or attempts to bring into hatred or contempt, or
excites or attempts to excite disaffection towards, the Government established by law in India, shall be
punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend
to three years, to which fine may be added or with fine.
• Explanation 1
• The expression “disaffection” includes disloyalty and all feelings of enmity
• Explanation 2
• Comments expressing disapprobation of the measures of the government with a view to obtain their
alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not
constitute an offence under this section.
• Explanation 3
• Comments expressing disapprobation of the administrative or other action of the Government without
exciting or attempting to excite hatred, contempt of disaffection, do not constitute an offence under this
section.
• Ingredients of the offence of sedition
1.A publication is punishable under this section only if it incites violence or creates public disorder or is intended to
create public disorder or ha a tendency to do so with a view to subverting the Government established by law in
India. Shouting slogans for destroying the dishonest Government and poems advocating overthrowing government
by violent means would attract Section 124 A.
2. As to whether the writing was intended to create disorder or has a tendency to do so, the test is that of reasonable
men; that is to say, if on reading the article as a whole, the reasonable and probable effect of the article on the minds
of those who read them appears to be that it would incite violence, that would be enough to constitute this offence.
It is not further necessary to show that some overt act of violence was resorted to by the writer or publisher of the
matter or that the attempt to cause disorder or violence succeeded. In determining the intention or the tendency, the
language of the offensive matter has to considered along with the circumstances in which it was made. Merely
hearing cassettes of speeches of Sant Jarnail Singh Bhindarawala, would not attract this section.
3. As the Explanations make it clear, where there is no such tendency, it is no offence under the section –
a) to criticise public measures or the policy of the Government, even though the language was exaggerated or
intemperate.
b) to impute corruption against the police, administrative or judicial officers.
4. As thus interpreted by the Supreme Court, any personal criticism of the members of the Government or people in
authority would not be an offence under S 124 A, because ‘Government established by Law’, according to this
interpretation, does not refer to the persons who are for the time being engaged in carrying on the administration but
the authority of the established Government which, if subverted by violence, will jeopardise the very existence of
the State.
In short, ‘Government established by law’ is an abstract conception referring to the visible symbol of the State, as
distinguished from the persons who are, for the time being, engaged in carrying on the administration of the State,
e.g. the Ministers, who are popularly referred to as ‘the Government’. Hence, any criticism of a member of the
Government individually, however harsh, would not constitute the offence of sedition under S124 A, e.g. expressing
contempt towards a person holding the office of the President, Governor or Minister or Prime Minister.
5. So interpreted, the effect of the publication has become more important than the intention. In some old cases, it
was held that where it was established that the accused had the intention to create disaffection, he would be liable
even though the words used could not possibly have such effect.
The word “disaffection” is used in a special sense as meaning political alienation or discontent, a spirit of disloyalty
to the government or existing authority, which tends to disposition not to obey, but to resist and subvert the
government, and is not a mere absence or negation of love or goodwill, but a positive feeling of aversion, akin to
disloyalty.
Advocating a change in the form of Government does not amount to exciting a feeling of hatred, contempt or
disaffection towards the existing government.
But since the post-Constitution test is the tendency to provoke violence or the tendency to create public disorder,
where the words used could not possible have such tendency, the intention of the writer would not be material.
However, once the requisite test of inciting violence or tendency to do so is satisfied with respect to the matter
published, not only the author of the material, but the editor, printer or publisher of a newspaper is as much
responsible as the writer and it is no defense to say that article or other matter was put into his paper in his absence
or without his authority.
6. For the same reason, if the nature and effect of a matter published in a newspaper or book be seditious, it is no
defence under this section that the matter was re-published from other newspapers or publications or that it was a
mere compilation of extracts from various sources.
7. Any order for forfeiting seditious writing must in the very nature of things operate throughout the country, for it
cannot be said that writing is seditious in one part of the country and not in another.
• ‘Attempt’
Once the ingredients of S124A, as properly interpreted, are satisfied, the accused will be liable if he does any
external act of a tangible nature towards the commission of the offence.
Thus, an attempt to commit sedition is complete as soon as the accused knowingly sells a copy containing the
seditious article.
A packet containing a manuscript copy of a seditious publication sent by post with a covering letter requesting the
addressee to circulate it among others, intercepted by another person and never reached the addressee, constitutes an
‘attempt’ within the meaning of S 124 A.
An attempt to publish seditious material is complete as soon as the accused knowingly sells a copy containing
seditious article.
• The right to comment and criticise
• The Freedom of the Press includes the right to criticise and comment on the Government’s administration
and policies, provided such criticism does not endanger any of the social interests safeguarded by Cl.(2) of
Art 19 of our Constitution, eg security of the State, public order.
 • This right of the Press to comment is nothing but the right of every individual, under the freedom of
expression, lucidly explained by Odgers in Common Law.
“Every one has the right to comment on matters of public interest and general concern, provided that he does so
fairly and with honest purpose. This right is in no way a special privilege of the Press; every citizen has full freedom
to speak and to write on such matters…Provided he keeps clear of treason, sedition…or indecency, every man may
discuss fully and fearlessly every matter of public concern in the State; he may comment on any proposed
legislation and on the public conduct of any public man; he may criticise freely any published book, or poem, any
play, picture or statute publicly performed or exhibited, or any public concert or entertainment.
• Sedition under Evidence Act, 1872, S.10
• Where there is reasonable ground to believe that two or more persons have conspired together to commit an
offence or an actionable wrong, anything said, done or written by any one of such persons in reference to
their common intention, after the time when such intention was first entertained by any one of them, is a
relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving
the existence of the conspiracy as for the purpose of showing that any such person was a party to it.
• Evidentiary value of acts, statements and writings -
• The acts, statements and writings of a conspirator may be given in evidence for the purpose of proving the
existence of conspiracy as well as showing complicity of the accused.
• Where the accused is charged with publication of a defamatory matter in newspaper, the production of the
newspaper raises presumption of the publication made by him and the onus shifts on him to disprove it.
• NO COURT CAN TAKE COGNIZANCE OF AN OFFENCE UNDER S 124 A, WITHOUT THE
PREVIOUS SANCTION OF THE CENTRAL OR STATE GOVERNMENT, AS REQUIRED BY S 196(1)
(a) OF THE CODE OF CRIMINAL PROCEDURE, 1973.
• S.153-A
(1) Whoever
a) By words, either spoken or written, or by signs or by visible representations or otherwise, promotes or
attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or
any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different
religions, racial, language or regional groups or castes or communities, or
b) Commits any act which is prejudicial to the maintenance of harmony between different religious, racial,
language or regional groups or castes or communities, and which disturbs or is likely to disturb the public
tanquility, or…
c) Organises any exercise, movement, drill or other similar activity intending that the participants in such activity
shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such
activity will use or be trained to use criminal force or violence or participates in such activity intending to use or be
trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be
trained to use criminal force or violence, against any religious, racial, language or regional group or caste or
community and such activity, for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of
insecurity amongst members of such religious, racial, language or regional group or caste or community shall be
punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever commits an offence specified in sub section (1) 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 be liable to fine.
• Object of S.153A
• The object of this section is to prevent breaches of the public tranquility which might result from excited
feelings of enmity between classes of people.
• Absence of malicious intention is a relevant factor to judge whether the offence was committed. It could be
said to be promoting enmity only where the written or spoken words had the tendency or intention of
creating public disorders or disturbances of law and order or affect public tranquility. Mens rea or malicious
intent has to be proved for proving commission of the offence.
• S 153A not ultra vires of Art 19 (1) of the Constitution
• The language inn S 153 A is not of an all pervading nature and does not suffer from being all embracing
with the result that because of language no one who does not either promote or attempt to promote class
hatred or enmity can be convicted. The section is neither too widely worded nor is indefinite.
• ‘Promoting enmity between classes’: whether mens rea required -
1. Prior to the amendment of S 153A in 1961, there was an Explanation to the section, as follows:
“It does not amount to an offence within the meaning of this section to point out, without malicious intention and
with honest view to their removal, matters which are producing or have tendency to produce, feelings of enmity or
hatred between different classes of Her Majesty’s subjects”.
 • In view of the foregoing explanation, it was held in some cases that though the substantive part of the
section did not say that mens rea or malicious intention was an essential ingredient of the offence, the
explanation showed that an honest agitator, who sought the redress of certain wrongs, without any malicious
intention, would not be punishable under the section even though the publication did promote enmity or
hatred between classes.
• In some cases, however, it was held that the effect of the publication and not the intention of the writer was
material.
• It was this latter view which was given effect by the amendment of the section in 1961 which omitted the
explanation to the section, making it clear that even an honest intention to remove any grievances would be
no defence to a prosecution under S 153A. This position is maintained by the amendment of1969.
[Link] amendment of 1961 also introduced Clause (b) – which has been maintained by the 1969 amendment,- to
widen the sweep of the section to ‘any act which is prejudicial to the maintenance of harmony’ between different
castes or communities and which ‘disturbs or is likely to disturb’ the ‘public tranquility’. Here also, intention or
mens rea is not an ingredient of the offence, but its effect or tendency.
3. Evidently, the section has been made more rigorous. The truth of the statement or that it is supported by authority
would not suffice for defence or even that the attempt to incite enmity or ill-feeling has not been successful.
For the same reason communal hatred cannot be promoted in the guise of historical truth or political thesis.
4. But the offending matter must be read as a whole, in order to determine whether it has the effect of promoting
enmity between the different communities; and its object was not to prohibit historical research.
The words ‘promotes or attempts to promote feelings of enmity’ are to be read as connoting a successful or
unsuccessful attempt to promote feeling of enmity. It must be the purpose or part of the purpose of the accused to
promote such feelings, the mere circumstance that there may be a tendency is not sufficient. Malice is not to be
imputed without definite or solid reason.
• ‘Different groups, castes or communities’
• The essence of the offence under the section is the promotion of ill-feeling between different classes or
sections of the people. Hence, no offence under this section is committed where a journal made disparaging
remarks about all the inhabitants of a particular State, as regards their cultural or social development.
• ‘Or any other ground whatsoever’
1. These words make the sweep of the section all-comprehensive. The ground on which the class hatred is
disseminated need not be confined to race, religion or the like. Thus, it may be economic interests, on the ground of
which cultivators are incited to commit offences against the landowners or intermediaries.
2. The ground of promotion of enmity may be language, caste or community.
3. This section is not ultra vires Art 19 (1)(a) of the Constitution. The addition of the words “in the interest of public
order” in Art 19 (2) by the First Amendment of 1951 makes the ambit of the protection very wide and any provision
which has been enacted in the interest of public order would be valid. Therefore, if the state has, in the Penal Code,
provided a provision which makes either the ‘attempt’ or the ‘actual commission of an act’ promoting feelings of
enmity and hatred between different classes of the citizens of India, it must beheld that the provision is in the
interest of public order. It is not necessary that the law may have been designed directly to maintain public order, it
would be valid even if it had been enacted in the interest of public order.
4. Where the origin of a community is sought to be traced, so long as there is adherence to the historical part of the
narrative, however unpalatable it may be, to the members of that community, there may be no offence. But, on the
other hand, where the author uses language which shows malice and is bound to annoy the members of the
community so as to degrade them in the eyes of the other classes, he would be deemed promoting feelings of enmity
and hatred.
5. In a democratic country criticisms of governmental measures and administrative actions are to some extent
unavoidable, they are made for the purpose of enlisting popular support and in considering the effect of such
criticisms no serious notice ought to be taken of crude, blundering attempts or of rhetorical exaggerations by which
nobody was likely to be impressed. With the change of times, the effect of criticisms also changes; what was
damaging contempt or hatred of a bureaucratic Government was not so of a popular Government, a government
which could neither afford to be hyper-sensitive, not impervious, to criticism.
• Where the editor of a newspaper published an article in the newspaper, wherein masses were exhorted to
boycott the elections and further to organise revolutionary class struggle, it was held that the views
expressed are purely political and Section 153 A was not attracted.
• Procedure
1. An offence under section is
i) Triable by a Magistrate of the first class
ii) Non-bailable
iii) Any police officer may arrest without warrant a person for an offence under this section
2. No court shall take cognizance of an offence under this section except with the previous sanction of the Central
or State government.
3. Evidence has to be led as to what was uttered by the accused to bring home charges.
• S 153 (B)
[Link], by words either spoken or written or by signs or by visible representations or otherwise, -
a) Makes or publishes any imputation that any class of persons cannot, by reason of their being members of
any religious, racial, language or regional groups or caste or community, bear true faith and allegiance to the
Constitution of India as by law established or uphold the sovereignty and integrity of India, or
b) Asserts, consents, advises, propagates or publishes that any class of persons shall, by reason of their
members of any religious, racial, language or regional group or castes or community, be denied or deprived
of their rights as citizens of India, or
c) Makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons,
by reason of their being members of any religious, racial, language or regional or caste or community, and
such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred
or ill-will between such members and other persons,
shall be punished with imprisonment which may extend to three years or with fine or with both.
2. Whoever commits an offence specified in sub section (1), in any place of worship or 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.
• Procedure
1. An offence under this section is
i) Triable by a Magistrate of the first class
ii) Non-bailable
iii) Any police officer may arrest without warrant a person for an offence under this section
2. No court shall take cognizance of an offence under this section except with the previous sanction of the Central
or State government.
• S 505
1. 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 of persons to commit any offence
against any other class or community,
Shall be punished with imprisonment which may extend to three years, or with fine, or with both.
2. 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
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.
3. Whoever commits an offence specified in sub section (2) 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.
• Exceptions
• It does not amount to an offence, within the meaning of this section, 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.
• Ingredients
• In order to constitute this offence, it is necessary that
i) The accused must a) make, or b) publish, or c) circulate a (a) statement, or (b) rumour, or (c) report. Thus if
the other ingredients exist, the offence may be committed by distributing a printed pamphlet at different
places of a town.
ii) Such statement, rumour or report must a) be intended to cause, or b) be likely to cause –
a) Any member of the armed forces to mutiny or to disregard or to fail in his duty; or
b) Fear or alarm to the public whereby any person may be induced to commit an offence against the State or
against public tranquility; or
 iii. Such statement, rumour or report must a) be intended to incite or b) be likely to incite – any class or
community to commit an offence against any class or community; or
iv. Such statement, rumour or report must a) be intended to recreate or promote or b) be likely to create or
promote feelings of enmity, hatred or ill-will between different groups, castes or communities on grounds of
religion, race, place of birth, residence, language, caste or community or ‘any other ground whatsoever’.
• ‘Incitement to commit offence’
• No offence is committed under clause (c) unless the pamphlet or other matter which is made or circulated
amounts to an ‘incitement to an offence’ where the statement seeks to ventilate the grievances of the public
against the local authorities in the matter of sanitation etc., even though it describes the rule of the local
officials as ‘autocratic’.
• ‘Or any other ground whatsoever’
• These words make the sweep of the section all comprehensive. The ground on which the class hatred is
disseminated need not be confined to race, religion or the like. Thus, it may be economic interests, on the
ground of which cultivators are incited to commit offences against the landowners or intermediaries.
• ‘Whoever makes, publishes or circulates’
• The words ‘whoever makes, publishes or circulates’ in this section cannot be interpreted disjunctively but
only as supplementary to each other.
• Merely inciting the feelings of one community or group without any reference to any other community or
group cannot attract the provisions of this section.
• S 292
[Link] the purposes of the sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure
or any other object, shall be deemed to be obscene if its is lascivious or appeals to the prurient interest or if its
effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole,
such as to tend to deprave and corrupt person who are likely, having regard to all relevant circumstances, to read,
see or hear the matter contained or embodied in it;
2. Whoever –
a) sells, lets to hire, distributes, publicity exhibits or in any manner puts into circulation, or for purposes of
sale, hire distribution, public exhibition or circulation, makes produces or has in his possession any obscene
book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever,
or
b) Imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having
reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in an manner
put into circulation, or
c) Takes part in or receives profits in any business in the course of which he knows or has reason to believe
that any such obscene objects are, for any of the purposes aforesaid made, produced, purchased, kept,
imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or
d) Advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in
any act which is an offence under his section, or that any such obscene object can be procured from or
through any person, or
e) Offers or attempts to do any act which is an offence under this section,…
…shall be punished on first conviction with imprisonment of either description for a term which may extend to two
years, and with fine which may extend to two thousand rupees, and in the event of a second or subsequent
conviction, with imprisonment of either description for a term which may extend to five rupees, and also with fine
which may extend to five thousand rupees.
• Exceptions
• This section does not extend to –
a) Any book, pamphlet, paper, writing, drawing, painting, representation or figure –
i) The publication of which is proved to be justified as being for the public good on the ground that such book,
pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature,
art or learning or other objects of general concern, or
ii) Which is kept or used bona fide for religious purposes;..
b) Any representation sculptured, engraved, painted or otherwise represented on or in –
i) Any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and
Remains Act, 1958 (24 of 1958), or
ii) Any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.
• Test of obscenity
• The test in Hicklin’s case is to be applied, subject to the mores of our people.
 • Another test is whether the publication, read as a whole, has a tendency to deprave and corrupt those whose
minds are open to such immoral influence and into whose hands such a publication may fall. Each work
must be examined by itself and a comparison to other works may not improve the quality of a book which is
indecent or obscene.
• Courts cannot act as a censor or authority of public morality or decency.
• “Obscene” means “offensive to chastity or modesty, expressing or personating to the mind or view
something that delicacy, purity and decency forbid to be expressed, impure, as an obscene language,
obscene pictures”, anything expressing or suggesting unchaste and lustful idea, impure, indecent, loud.
• ‘Hicklin’
• One of the first formal attempts to restrict obscenity was the Obscene Publications Act, 1857, also known as
the Lord Campbell’s Act passed in United Kingdom and Ireland.
• The Act prohibited the publication of obscene literature, while authorizing post offices to remove the
publications from the mail and indict the senders.
• The one thing that Lord Campbell’s Act did not provide, though, was a clear definition of what was obscene,
and therefore could be censored. The Hicklin Rule solved this problem.
• Prior to the Lord Campbell;s Act, whilst the "exposure for sale" of "obscene books and prints" had been
made illegal in law, the publication of obscene material was treated as a common law misdemeanour and
effectively prosecuting authors and publishers was difficult even in cases where the material was clearly
intended as pornography.
• The origins of the Act itself were in a trial for the sale of pornography presided over by the Lord Chief
Justice, Lord Campbell, at the same time as a debate in the House of Lords over a bill aiming to restrict the
sale of poisons.
• Campbell was taken by the analogy between the two situations, famously referring to the London
pornography trade as "a sale of poison more deadly than prussic acid, strychnine or arsenic", and proposed a
bill to restrict the sale of pornography; giving statutory powers of destruction would allow for a much more
effective degree of prosecution.
• The bill was controversial at the time, receiving strong opposition from both Houses of Parliament, and was
passed on the assurance by the Lord Chief Justice that it was -
"...intended to apply exclusively to works written for the single purpose of corrupting the morals of youth and of a
nature calculated to shock the common feelings of decency in any well-regulated mind."
The House of Commons successfully amended it so as not to apply to Scotland, on the grounds that Scottish
common law was sufficiently stringent.
• The Hicklin Rule was named after Benjamin Hicklin, a recorder in London following the Regina v. Hicklin
court case in 1868.
• This case was brought against Henry Scott because he had created an offensive anti-Catholic booklet called
“The Confessional Unmasked.”
• The consequence of this hearing was a definition of what was considered illegally obscene at the time:
"the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such
immoral influences [such as small children], and into whose hands a publication of this sort may fall."
• Distinction between pornography and obscenity
• The difference between obscenity and pornography is that first pornography denotes writings, pictures etc.,
it tenders to arouse sexual desire, while obscenity includes writing etc., not intended to do so but which have
that tendency.
• Both offend public decency and morals.
• Pornography is obscenity in a more aggravated form.
• Ingredients of the offence
1. Knowledge of the object being obscene is not required.
2. Intention is an ingredient, but it may be inferred from circumstances.
• Sentence
1. It is evident that the amendment of 1969 was intended to prevent lenient treatment of such offenders who
corrupt the minds of the younger generation, and even introduces a dichotomy between first offenders and
subsequent offenders.
2. The Court, should, therefore, in such cases, award sentences which are sufficiently deterrent.
• S.293
• Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any
such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be
punished on first conviction with imprisonment of either description for a term which may extend to three
years, and with fine which may extend to three years, and with fine which may extend to two thousand
 rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a
term which may extend to seven years, and also with fine which may extend to five thousand rupees.
• S 295 A
• Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens
of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or
attempts to insult the religion or the religions beliefs of that class, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine, or with both.
• Scope
• The Constitution Bench of the Supreme Court considering the constitutional validity of this section held that
it falls well within the protection of clause 2 of Art 19, as being a law imposing reasonable restriction on the
exercise of the right to freedom of speech and expression guaranteed by Art 19 (1)(a) and further held that
having regard to the ingredients of the offence created by S 295-A, there cannot be any possibility of this
being applied for purposes not sanctioned by the Constitution.
• ‘Deliberately and maliciously outraging religious feelings of any class -
1. In order that a publication may be punishable under this section, it must –
i) Insult or attempt to insult the religion of religious belief of a class of citizens;
ii) With the deliberate and malicious intention of outraging the religious feelings of that class, as distinguished
from unwitting or careless remarks. If any person writes any book or publishes any paper with an intention
of outraging the religious feelings of any class, that person is liable to be punished. The prosecution has to
prove that the delinquent has committed an offence by producing relevant evidence, and the court has to
come to the conclusion beyond reasonable doubt that the offence has been committed.
2. The burden is upon the State to establish such intention from the language used, in the background of
surrounding circumstances.
3. It would be no offence under this section if the writing is merely careless; but malice may be presumed from the
fact that it was done voluntarily and without any lawful excuse. Hence, the background and connected facts in
which the offending matter was published becomes material in determining whether it was ‘deliberate and
malicious’. Thus, scholarly writings on history and religion, based upon research would not, in general, be
punishable under S 153 A an 295 A
4. Once the requirements of S 295 A are satisfied, it would be no defence to a charge under this section to plead –
i) That the accused sought to call attention to the need for some reform;
ii) That the accused had written the objectionable matter in order to reply to the adherent of the other religion
who had attacked the accused’s own religion;
iii) That the accused had attacked not only the religion mentioned in the compliant but also other religious
beliefs;
iv) That the allegations were true, or founded on high authority.
• ‘Any class of citizens’
• This is a very wide expression and would include within its ambit not only a religious community like the
‘Hindus’ but also sects therein like the Vaishnavas or the Scheduled Castes. Subsidiary classes within one
central class would also be a ‘class’.
• In fact, this expression would bring within the purview of the section any definite and ascertainable class of
citizens in India although such classes may not divided on racial or religious grounds.
• To find out whether an offence is made out under S 295 A or not, the susceptibilities of persons of different
religious persuasions or creeds is relevant and the court has to give due regard to such feelings in
consideration of the case.
• Procedure
• An offence under this section is triable only by a Magistrate of the First Class and is non-bailable and
cognizable.
• For prosecution, previous sanction of the Central or State government is necessary.
• Sections 153 A and 295 A
• While the object of S 153 A is to maintain harmony between different classes, it is not always easy to prove
that the writing complained of would promote disharmony or ill-feeling between different classes; hence, S
295 A was engrafted as an additional provision which would be satisfied if the religious feelings of any class
were outraged, judged by the standard of a reasonable man of that class.
• S 499 Defamation
• Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or
publishes an imputation concerning any person intending to harm, or knowing or having reason to believe
that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter
excepted, to defame that person.
• Explanation 1
• It may amount to defamation to impute anything to a deceased person, if the imputation would harm the
reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near
relatives.
• Explanation 2
• It may amount to defamation to make an imputation concerning a company or an association or collection of
persons as such.
• Explanation 3
• An imputation in the form of an alternative or expressed ironically, may amount to defamation.
• Explanation 4
• No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the
estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that
person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed
that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
• First Exception
• It is not defamation to impute anything which is true concerning of any person, if it be for the public good
that the imputation should be made or published. Whether or not it is for the public good is a question of
fact.
• Second Exception
• It is not defamation to express in good faith an opinion whatever respecting the conduct of a public servant
in the discharge of his public functions, or respecting his character, so far as his character appears in that
conduct, and no further.
• Third Exception
• It is not defamation to express in good faith any opinion whatever respecting the conduct of any person
touching any public question, and respecting his character, so far as his character appears in that conduct,
and no further.
• Fourth Exception
• It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the
result of any such proceedings.
• Explanation – A Justice of the Peace or other officer holding an enquiry in open Court preliminary to a trial
in a Court of Justice, is a Court within the meaning of the above section.
• Fifth Exception
• It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or
criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party,
witness or agent, in any such case, or respecting the character of such person, as far as his character appears
in that conduct, and no further.
• Sixth Exception
• It is not defamation to express in good faith any opinion respecting the merits of any performance which its
author has submitted to the judgement of the public, or respecting the character of the author so far as his
character appears in such performance, and no further.
• Explanation – A performance may submitted to the judgement of the public expressly or by acts on the part
of the author which imply such submission to the judgement of the public.
• Seventh Exception
• It is not defamation in a person having over another any authority, either conferred by law or arising out of a
lawful contract made with that other, to pass in good faith any censure on the conduct of that other in
matters to which such lawful authority relates.
• Eighth Exception
• It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful
authority over that person with respect to the subject-matter of accusation.
• Ninth Exception
• It is not defamation to make an imputation on the character of another provided that the imputation may be
in good faith for the protection of the interests of the person making it, or any other person, or for the public
good.
• Tenth Exception
• It is not defamation to convey a caution, in good faith, to one person against another, provided that such
caution be intended for the good of the person to whom it is conveyed, or some person in whom that person
is interested, or for the public good.
• Ingredients of the offence of defamation
 1. Making or publishing any imputation concerning any person.
2. Such imputation must have been made by – i) words, (either spoken or intended to be read); or ii) signs or
iii) visible representations.
3. Such imputation must have been made with the intention of harming or with knowledge arisen to believe
that it will harm the reputation of the person concerning whom it is made.
• Imputation
• Imputation means accusation against a person and implies and allegation of fact and not merely a term of
abuse or insult which is deemed within Section 504 IPC.
• Intention or knowledge
1. In order to constitute the offence of defamation, it is not necessary that an injury to the reputation of the
complainant must have been actually caused.
2. It is no defence that the reputation of the person attacked was so good or that the persons attacking so bad,
that serious injury to the reputation of the complainant was not actually caused.
3. An imputation concerning a person shall be defamatory if it has been made i) with the intention of harming
the reputation of such other person; or ii) with knowledge or reason to believe that it will harm the
reputation of such person.
4. But there is no such intention to harm where a newspaper publishes an advertisement, disputing the paternity
of a person, at the instance of the alleged father of that person, in circumstances which justified such dispute.
5. For finding out whether an offence under this section has been constituted or not should be found after
reading the complaint as a whole.
• Defamation of a group of individuals
1. The definition in section 499 refers to the reputation of a ‘person’ being injured by defamation. Expl 2 provides
that it may amount to defamation to make an imputation concerning a company or an association or collection of
persons as such. Hence, there can be defamation of a collection of persons, eg, ‘The prosecuting staff’ at a specified
place; the Rashtriya Sevak Sangh.
2. But an association or collection of persons can maintain a complaint for defamation only if it is an identifiable
body, so that it is possible to say that a group of particular persons, as distinguished from the rest of the community,
was defamed. A writing against mankind in general is no libel. But if a well defined class is defamed, every
particular class can file a complaint even if the defamatory imputation in question does not mention him by name. A
conference which passed a resolution would not be such a determinate body, in the absence of records as to its
composition and like particulars.

• Thus -
• Advocates, as a class, are an indeterminate body but the prosecuting staff at Aligarh, are identifiable but
alleged defamatory imputation against members of Christian Groups-published due to ideological
differences would not amount so.
• Makes or publishes
1. Though the words ‘makes’ and ‘publishes’ are used in the alternative, it is settled that publication to a third
party is an essential condition of liability under the criminal law as under the civil law.
2. Hence, there would be no liability under this section if the defamatory matter is kept in the custody of the
maker or is communicated only to the person defamed.
3. But once it is published, not only the publisher but also the makers would be liable and that is how the
printer of a newspaper also becomes liable under section 499, IPC.
• Publication
1. Making a defamatory matter after it has been written, to some person other than the person alleged to have
been defamed is a publication, in the legal sense.
2. Communicating a defamatory matter to the person concerned only cannot be said to be ‘publication’.
3. Republication of matter already published by somebody else is also ‘publication’ under this section. In short,
it is no defence to show that similar statement or allegation against the complainant had been published by
other persons and that the accused had merely repeated it.
4. The sale of each copy of the printed matter constitutes a distinct publication and a fresh offence. Similarly,
the sending of a newspaper of post, addressed to a subscriber, is publication and it is not necessary to prove
further that the newspaper was actually read by somebody.
5. Unless the imputation has been made public by the accused and the complainant’s reputation has been
brought down in the estimation of others by the accused, no action would lie against the accused.
6. Scurrilous allegations or imputation contained in the notice exchanged between the parties is not
publication.
• Burden of Proof
 1. Once an imputation is proved to be defamatory, it is for the accused to show that he is protected by any of
the exceptions to section 499.
2. This is an exception to the general principle that in a criminal case, the burden is always on the prosecution
to prove the guilt of the accused. Where the accused pleads an exception to section 499, he has to discharge
the onus of substantiating that plea. But the degree and character of proof which he is expected to furnish in
support of the plea cannot be equated with the degree and character of proof expected from the prosecution
which is required to prove its case.
3. While the prosecution must prove its case beyond a reasonable doubt, the accused would succeed in
substantiating his plea under any of the Exceptions to S 499 if he succeeds in proving a preponderance of
probability. As soon as the preponderance of probability is established, the burden shifts to the prosecution which
has still to discharge its original onus.
4. So far as criminal liability is concerned, the Exceptions, S 499 are exhaustive, and no exception derived from
English law may be engrafted thereupon. Thus, mere good faith of a journalist will not save him unless the
requirement of any of the Exceptions to S 499 is established.
5. The Exceptions to S 499 provide only for ‘qualified’ privilege. There is no provision for absolute privilege under
the criminal law in India. Qualified privilege is a conditional defence. It affords immunity to those alone who use
the privileged occasion for the purpose which the law deems of sufficient social importance to defeat the
countervailing claim to protection of reputation, ie, subject to the terms and conditions as specified in the
Exceptions.
• 1st Exception: True imputation for public good -
1. The accused must establish two ingredients, in order to avail of this exception:
a) That the imputation was true;
b) That it was made for the public good.
2. Both ingredients are questions of fact, and the accused must prove both ingredients strictly as if the
complainant was being prosecuted for the offences imputed to him. Hence, proof of truth of a part of the
libel would not suffice.
3. The plea that the offending allegation was true is known as the plea of ‘justification’. Where the accused
takes the plea, he would be required to tender such evidence in support of it as would be necessary to
convict the complainant of the offence alleged, eg, forgery bigamy or the like.
4. It is a legitimate function of all newspapers in a democratic set up to act as a champion of clean
administration and sentinel of public interest, and where the news-item revealed that there was financial
bungling in a hospital, substantially true and was published in good faith and there was no allegation that the
publication was malicious, no offence of defamation was made out. It is the duty of the press to expose the
corrupt and wrong people.
• 2nd and 3rd Exceptions: Fair comments respecting public servant, and public question -
1. These two Exceptions relate to the defence of ‘fair comment’ to a charge of defamation; while the 2 nd Exception
applies in case of a comment respecting the conduct of a public servant in the discharge of his public functions, the
3rd Exception applies where the comment is made respecting any person (including a public servant) touching any
public question. But such an offending article must be against a definite and ascertained body of people and not
against a community in general.
2. The common elements in the two Exceptions are that –
i) The statement must be the expression of an ‘opinion’ as distinguished from a statement of fact;
ii) The expression must have been made in good faith;
iii) In both cases, public interest is involved a) under the 2nd Exception, the public are interested in the
disclosure of the character of a public servant in relation to his public functions; b) under the 3rd Exception
the public are interested because the opinion relates to the conduct of a person touching a public question.
• ‘Good faith’
1. ‘Good faith’ is a common requirement of the 2nd, 3rd, 5th, 6th, 7th, 8th, 9th and 10th, Exceptions.
2. In order to find out the meaning of this expression, we must turn to the definition of ‘good faith’ in S 3(22) of the
General Clauses Act and S 52 of the IPC.
• S 3 (22) General Clauses Act
• “A thing shall be deemed to be done in ‘good faith’ where it is in fact done honestly, whether it is done
negligently or not”
• S 52, IPC
• “Nothing is said to be done or believed in ‘good faith’ which is done or believed without due care and
attention”.
• It is to be seen that the element of honesty, introduced by the General Causes Act is not introduced in the
definition prescribed by the IPC.
Thus, in considering whether the accused acted in good faith in publishing his impugned statement, what is
to be considered is whether he acted with ‘due care and attention’.
4. Of course, the mere plea that the accused believed that what was stated was true by itself, will not sustain his case
of good faith under the 9th Exception. Simple belief or actual belief by itself is not enough. The accused must show
that his belief in the impugned statement had a rational basis and was not just blind belief.
That is where the element of due care and attention plays an important role. If it appears that before making the
statement the accused did not show due care and attention, in making inquiries before publication, that would defeat
his plea of good faith. Thus, where he fails to show that there was any material or any rational basis for making the
impugned statement, it must be held that he has failed to discharge this onus to substantiate the plea of good faith,
even though he may not have been actuated by malice.
In short, mere subjective belief, without any objective basis, would not be enough.
5. At the same time, good faith does not require logical infallibility. The proper point to be decided is not whether
the allegations put forward by the accused in support of the defamation are in substance true, but whether he was
informed and had good reason after due care and attention to believe that such allegations were true.
6. It follows that in deciding whether an accused acted in good faith under the 9th Exception it is not possible to lay
down any rigid rule or test. It would be a question to be considered on the facts and circumstances of each case –
what is the nature of imputation made; under what circumstances did it come to be made; are there reasons to accept
his story that he acted with due care and attention and was satisfied that the imputations were true?
How far erroneous statements are to be imputed to want of care and caution must, in each case, be considered with
reference to the general circumstances and the capacity and intelligence of the person whose conduct is in question.
Thus, the honest conclusions of a calm and philosophical mind may differ very largely from the honest conclusions
of a person excited by sectarian zeal and untrained to habits of precise reasoning.
7. In order to determine whether there was ‘good faith’ in a case coming under any of the Exceptions which uses the
expression, the following questions become material:
a) The circumstances under which the imputation or accusation was made;
b) Whether there was malice;
c) Whether the accused made any inquiry before he made the allegation;
d) The position of the person making the imputation which will regulate the standard of ‘care and caution’
required for good faith.
• Fair comment
1. As stated earlier, Exception 1 or 2 can be invoked only if the matter complained of is an expression of
opinion, as distinguished from an assertion of facts.
2. If the opinion purports to be based on facts, then the person claiming the benefit of these Exceptions must
prove those facts. A comment cannot be fair which is built upon facts which are not truly stated.
• 4th Exception: Proceedings of Courts -
• This Exception immunises a) a report of b) proceedings before a Court of Justice provided c) such report is a
substantially true report of the proceedings.
• It is to be noted that the protection relates to the proceedings before a ‘Court of Justice’ and not ‘judicial
proceedings’, which is a wider expression.
• 5th Exception: Opinion regarding merits of decided case or conduct of witnesses etc -
• This Exception gives immunity to the publication of any opinion relating to proceedings before a Court of
Justice, on the following conditions:
A. Relating to the merits of the case, provided a) the case has already been decided; b) the opinion is expressed in
‘good faith’.
B. Relating to the conduct of any witness, party or agent in the proceeding or his character so far as it related to that
conduct, provided it is expressed in ‘good faith’.
• 6th Exception: Opinion respecting merits of any public performance -
• Under this Exception, a newspaper or any other person would not be liable for expressing opinion regarding
the merits of some public performance, provided –
a) The expression of such opinion is in ‘good faith’;
b) It relates to the merits of such performance or the character of the author in so far as such character appears
in such performance;
c) The performance in question, has been submitted to the judgement of all public either expressly or
impliedly, eg., by the publication of a book, the performance of a drama or music on a public stage or
gathering.
• 8th Exception: Accusation in good faith to person in authority -
1. The two ingredients of this defence are –
a. That the defamatory accusation was made in good faith and
 b. That the person to whom the accusation was made by the accused had lawful authority over the person
defamed.
A. Good faith - It is good faith and not truth, which is required for this defence. If the accused proves that he had
good reason, after due care and attention to believe that the allegations were true and in that belief he made the
accusation, he need not further prove that the accusation was in fact true.
B. Person in lawful authority – In order to establish this ingredient, the accused must prove that the person to whom
the accusation was made had lawful authority over the person against whom the accusation (in good faith) was
made, and had authority to deal with the subject-matter, eg
a) Accusation made to a parent regarding a child
b) Accusation made to a master, regarding his servant
c) Accusation made under the law before a magistrate.
• 9th Exception: Protection of interest, private or public -
• Under this Exception it is no defamation if the imputation on the character of another is made –
a) In good faith, and
b) (i) for the protection of the interest of the person making it, or of any other person or, ii) for the public good.
• Public Good
1. Where the plea of ‘public good’ is taken by the accused, he must show both good faith and the public
interest in making the statement. Hence, good faith in the formation or expression of an opinion can afford
no protection to an imputation which does not purport to be based on that which is the legitimate subject of
public comment.
2. It is to be noted that if the private or public interest referred to in this Exception can be served by a private
communication, a publication of the imputation in a newspaper would be an excessive use of the privilege
and construed by the Court as indicating lack of good faith.
3. Where the plea of ‘public good’ is taken an inquiry must be directed to the benefit that the publication has
rendered or sought to render to the public or a section thereof, and suddenly, whether the matter did concern
the public
4. Both ‘good faith’ and ‘public good’ are questions of fact and must be proved like any other facts in issue.
• Who can complain for Defamation
1. While the general rule as to criminal proceedings is that any person can file a complaint as to the
commission of an offence, the Criminal Procedure Code (1973) makes certain exceptions from this general
rule, in the case of Defamation. The first is that contained in S 199(1) which says –
“No court shall take cognizance of an offence punishable under Chapter XXI of the IPC except upon a complaint
made by some person aggrieved by the offence:
Provided that where such peso is under the age of 18 years, or is an idiot or a lunatic, or is from sickness or
infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to
be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or
her behalf.
• It is clear that if a complaint for defamation is filed by a person who is not the ‘aggrieved person’, the
proceeding would be void, unless the person defamed is a minor, idiot, lunatic, woman or an infirm person,
coming under the Proviso.
• The expression ‘aggrieved person’ also postulates that the person or persons defamed is or are identified.
Where the persons alleged to have been defamed form an indefinite unidentifiable body, no individual can
complain of the defamation unless he can definitely point out that he was directly aggrieved by the
defamatory statement.
• 1867
• The earliest surviving enactment specifically directed against the Press was passed in 1867, the Press and
Registration of Books Act (XXXV of 1867) [App V]. The object was however not to establish governmental
control over the freedom of the Press. It was a regulatory law which enabled Government to regulate
printing presses and newspapers by a system of registration and to preserve copies of books and other matter
printed in India.
• This law, with modifications, continues to be in force today. This law provided that no press could be started
by any person unless he had declared himself as keeper of such a press before a magistrate giving his
address and other details.
• No newspaper could be published unless the publisher made a similar declaration.
• The object of this provision was to fix responsibility for the publication of a newspaper or book so that if the
law was violated, the offender could be punished.
• THE PRESS AND REGISTRATION OF BOOKS ACT, 1867 or the PRB Act
An Introduction
 • During the rein of the British Government in India writing of books and other informatory material took a
concrete shape and with the advent of printing presses various books on almost all the subjects and
periodicals touching every aspect of life started appearing.
• Thrust on education gave an impetus to this with the result that lot of printed material became available.
Those in the field of writing, publishing and printing gave a thought to organise a system for keeping a
record of the publications.
• The then East India Company was urged to keep a record of the publications. An attempt was made by the
authorities to make a collection of the books and other publications emanating from the various printing
presses throughout India.
• The Board of Directors of the East India Company issued an instruction that copies of every important and
interesting work published in India should be dispatched to England to be deposited in the library of India
House.
• The instruction had a slow impact. Again the Royal Asiatic Society in London urged the then Secretary of
State for India to repeat the instruction of the late Board of Directors of East India Company and also
desired that catalogues of all the works published in India should be sent to England.
• A system of voluntary registrations of publications was evolved but it failed. It was found necessary to
establish a system of compulsory sale to Government, of three copies of each work in India.
• To achieve this purpose a Bill was introduced in the Legislature for the regulation of printing presses and
newspaper for the preservation of copies of books and periodicals containing news printed in the whole of
India and for the registration of such books and periodicals containing news.
• ACT 25 OF 1867
• The Bill was passed by the Legislature and it came on the statute book as the Press and Registration of
Books Act, 1867 (25 of 1867).
An Act for the regulation of Printing - presses and Newspapers, for the preservation of copies of books [and
newspapers] printed in [India], and for the registration of such books [and newspapers].
• PART I
PRELIMINARY
Interpretation-clause –
In this Act, unless there shall be something repugnant in the subject or context,-
1. "Book" includes every volume, part of division of a volume, and pamphlet, in any language, and every sheet
of music, map, chart of plan separately printed.
2. ["editor" means the person who controls the selection of the matter that is published in a newspaper;]
3. "Magistrate" means any person exercising the full powers of a 9Magistrate, and includes a 10 Magistrate of
police
4. ["newspaper" means any printed periodical work containing public news or comments on public news;]
5. ["paper" means any document, including a newspaper, other than a book;
6. "Press Registrar" means the Registrar of Newspapers for India appointed by the Central Government under
section 19A and includes any other person appointed by the Central Government to perform all or any of the
functions of the Press Registrar.
• COMMENTS
(i) Where a person does not fulfil the conditions of "Editor" as provided in section I and does not perform the
functions of an editor whatever may be his description or designation, the provisions of the Act would have no
application; Haji C.H. Mohammad Koya V.T.K.S.M.A. Muthukoya, AIR 1979 SC154.
(ii) Pamphlets giving predictions of lucky figures, numbers or dates and only stray news items cannot be
considered as a newspaper; Commissioner of Sales Tax Vs. Express Printing Press, AIR 1983 Bom 190:1983 Tax
LR 2871 (FB).
• PART II OF PRINTING PRESSES AND NEWSPAPERS
Particulars to be printed on books and papers - Every book or paper printed within [India] shall have printed
legibly on it the name of the printer and the place of printing, and (if the book or paper be published) [the name] of
the publisher, and the place of publication.
• COMMENTS
(i) The section only refers to the printing of a book and not its publication. Therefore the publication of a book
which is not printed to conformity with the rule contained in section 3 is not an offence under section 3 read with
section 12; Abdul Hakim V. State of Uttar Pradesh, AIR 1960 All 450: 1960 Cr.L.J. 1037.
(ii) Section 3 of the Act not violative of Article 19 (1) (a) of the Constitution as it does not in any way restrict the
freedom if expression; In re: G. Alavander, AIR 1957 Mad 427.
Keeper of printing press to make declaration –
 1. No person shall within [India], keep in his possession any press for the printing of books or papers, who
shall not have made and subscribed the following declaration before [the District, Presidency or Sub-
divisional Magistrate] within whose local jurisdiction such press may be:
"I, A.B., declare that I have a press for printing at_____”.
This last blank shall be filled up with a true and precise description of the place where such press may be situate.
2. As often as the place where a press is kept is changed, a new declaration shall be necessary:
Provided that where the change is for a period not exceeding sixty days and the place where the press is kept after
the change is within the local jurisdiction of the Magistrate referred to in sub-section (1), no new declaration shall
be necessary if—
a. a statement relating to the change is furnished to the said Magistrate within twenty four hours thereof; and
b. the keeper of the press continues to be the same.
• COMMENTS
• A declared keeper of the press is not necessarily the owner thereof so as to be able to confer title to the press
upon another. The ownership of the press is a matter of the general law and must follow the law; S.S.
Apparao v. [Link], AIR 1962 SC 586: 1962 (1) Cr.L.J. 518.
• Rules as to publication of newspapers - No [newspaper] shall be published in [India], except in
conformity with the rules hereinafter laid down:
• Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the
names of the owner and editor thereof printed clearly on such copy and also the date of its publication.
• The printer and the publisher of every such [newspaper] shall appear [in person or by agent authorised in
this behalf in accordance with rules made under section 20, before a District, Presidency or Sub-divisional
Magistrate within whose local jurisdiction such newspaper shall be printed or published and shall make and
subscribe, in duplicate, the following declaration:
"I AB., declare that I am the printer (or publisher, or printer and publisher) of the 5[newspaper] entitled--7[and to be
printed or published, or to be printed and published], as the case may be at—".
Every declaration under rule (2) shall specify the title of the newspaper, the language in which it is to be published
and the periodicity of its publication and shall contain such other particulars as may be prescribed.
• Where the printer or publisher of a newspaper making a declaration under rule is not the owner thereof, the
declaration shall specify the name of the owner and shall also be accompanied by an authority in writing
from the owner authorising such person to make and subscribe such declaration.
• A declaration in respect of a newspaper made under rule (2) and authenticated under section 6 shall be
necessary before the newspaper can be published.
• Where the title of any newspaper or its language or the periodicity of its publication is changed, the
declaration shall cease to have effect and a new declaration shall be necessary before the publication of the
newspaper can be continued.
• As often as the ownership of a newspaper is changed, a new declaration shall be necessary.
• As often as the place of printing or publication is changed, a new declaration shall be necessary:
Provided that where the change is for a period not exceeding thirty days and the place of printing or publication
after the change is within the local jurisdiction of the Magistrate referred to in rule (2), no new declaration shall be
necessary if -
a. a statement relating to the change is furnished to the said Magistrate within twenty four hours thereof; and
b. the printer or publisher or the printer and publisher of the newspaper continues to be the same.
• As often as the printer or the publisher who shall have made such declaration as is aforesaid shall leave India
for a period exceeding ninety days or where such printer or publisher is by infirmity or otherwise rendered
incapable of carrying out his duties for a period exceeding ninety days in circumstances not involving the
vacation of his appointment, a new declaration shall be necessary.
• Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence
publication—
a. within six weeks [of the authentication of the declaration under section 6], in the case of a newspaper to be
published once a week or oftener; and
b. within three months [of the authentication of the declaration under section 6], in the case of any other
newspaper.
and in every such case, a new declaration shall be necessary before the newspaper can be published.
• Where, in any period of three months, any daily, tri-weekly, bi-weekly, weekly or fortnightly newspaper
publishes issues the number of which is less than half of what should have been published in accordance
with the declaration made in respect thereof, the declaration shall cease to have effect and a new declaration
shall be necessary before the publication of the newspaper can be continued.
 • Where any other newspaper has ceased publication for a period, exceeding twelve months, every declaration
made in respect thereof shall cease to have effect, and a new declaration shall be necessary before the
newspaper can be re-published.
• Every existing declaration in respect of a newspaper shall be cancelled by the Magistrate before whom a
new declaration is made and subscribed in respect of the same:]
Provided that no person [who does not ordinarily reside in India, or] who has not attained majority in accordance
with the provisions of the Indian Majority Act, 1875 (9 of 1875), or of the law to which he is subject in respect of
the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such
person edit a newspaper.
• Keepers of printing presses and printers and publishers of newspapers in Jammu and Kashmir to
make and subscribe fresh declarations within specified period –
(1) No person who has made and subscribed a declaration in respect of any press under section 4 of the Jammu
and Kashmir State Press and Publications Act, s.1989 (Jammu and Kashmir Act, No.I of S. 1989) shall keep
the press in his possession for the printing of books or papers [after the 31st day of December, 1968, unless
before the expiry of that date] he makes and subscribes a fresh declaration in respect of that press under
section 4 of this Act.
(2) Every person who has subscribed to any declaration in respect of a newspaper under section 5 of the Jammu and
Kashmir State Press Publications Act, S.1989 (Jammu and Kashmir Act, No.1 of S.1989) shall cease to be the
editor, printer or publisher of the newspaper mentioned in such declaration [after the 31st day of December, 1968
unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that newspaper under
rule (2) of the rules laid down in section 5 of this Act.]
• Authentication of declaration
Each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the
signature and official seal of the Magistrate before whom the said declaration shall have been made:
Provided that where any declaration is made and subscribed under section 5 in respect of a newspaper, the
declaration shall not, save in the case of newspapers owned by the same person, be so authenticated unless the
Magistrate [is, on inquiry from the Press Registrar, satisfied] that the newspaper proposed to be published does not
bear a title which is the same as, or similar to, that of any other newspaper published either in the same language or
in the same State.]
• Deposit.
One of the said originals shall be deposited among the records of the office of the Magistrate, and the other shall be
deposited among the records of the High Court of Judicature, or [other principal Civil Court of original jurisdiction
for the place where] the said declaration shall have been made.
• Inspection and supply of copies
The Officer-in-charge of each original shall allow any person to inspect that original on payment of a fee of one
rupee, and shall give to any person applying a copy of the said declaration, attested by the seal of the Court which
has the custody of the original, on payment of a fee of two rupees.
A copy of the declaration attested by the official seal of the Magistrate, or a copy of the order refusing to
authenticate the declaration, shall be forwarded as soon as possible to the person making and subscribing the
declaration and also to the Press Registrar.
• Office copy of declaration to be prima facie evidence –
In any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is
aforesaid, attested by the seal of some Court empowered by this Act to have the custody of such declaration, [or, in
the case of the editor, a copy of the newspaper containing his name printed on it as that of the editor] shall be held
(unless the contrary be proved) to be sufficient evidence, as against the person whose name shall be subscribed to
such declaration, [or printed on such newspaper, as the case may be] that the said person was printer or publisher, or
printer and publisher (according as the words of the said declaration may be) of every portion of every [newspaper]
whereof the title shall correspond with the title of the [newspaper] mentioned in the declaration, [or the editor of
every portion of that issue of the newspaper of which a copy is produced].
• COMMENTS
(i) If there are no allegations against petitioners-executive editor, managing editor and resident editor showing that
they have any hand in selection of matter that is published in newspaper then presumption under section 7 of the
Act against them is not attracted and order issuing process against petitioners to face trial for defamation is not
proper. Prabhu Chawla v.A.U. Sheriff, 1995 Cr.L.J. 1922 (Kant).
(ii) The presumption under section 7 of the Act is only against the person whose name is printed as ‘Editor’ as
required under section 5(1);K.M. Mathew v. State of Kerala, AIR 1992 SC 2206.
(iii) Presumption as to awareness of contents of newspapers can be raised only against the editor whose name
appears in declaration published in newspaper; S. Nihal Singh v. Arjun Das, 1983 Cr.L.J. 777.
 • New declaration by persons who have signed a declaration and subsequently ceased to be printers or
publishers –
If any person has subscribed to any declaration in respect of a newspaper under section 5 and the declaration has
been authenticated by a Magistrate under section 6 and subsequently that person ceases to be the printer or publisher
of the newspaper mentioned in such declaration, he shall appear before any District, Presidency or Sub-divisional
Magistrate, and make and subscribe in duplicate the following declaration:
"I, A.B., declare that I have ceased to be the printer or publisher or printer and publisher of the newspaper entitled—
".
• Authentication and filing -
Each original of the latter declaration shall be authenticated by the signature and seal of the Magistrate before whom
the said latter declaration shall have been made, and one original of the said latter declaration shall be filed along
with each original of the former declaration.
• Inspection and supply of copies.
The Officer-in-charge of each original of the latter declaration shall allow any person applying to inspect that
original on payment of a fee of one rupee, and shall give to any person applying a copy of the said latter declaration,
attested by the seal of the Court having custody of the original, on payment of a fee of two rupees.
• Putting copy in evidence.
In all trials in which a copy, attested as is aforesaid, of the former declaration shall have been put in evidence, it
shall be lawful to put in evidence a copy, attested as is aforesaid, of the latter declaration, and the former declaration
shall not be taken to be evidence that the declarant was, at any period subsequent to the date of the latter
declaration, printer or publisher of the
1[newspaper] therein mentioned.
2[A copy of the latter declaration attested by the official seal of the Magistrate shall be forwarded to the Press
Registrar.]
• Person whose name has been incorrectly published as editor may make a declaration before a
Magistrate.
If any person, whose name has appeared as editor on a copy of newspaper, claims that he was not the editor of the
issue on which his name has so appeared, he may, within two weeks of his becoming aware that his name has been
so published, appear before a District, Presidency or Sub-divisional Magistrate and make a declaration that his name
was incorrectly published in that issue as that of the editor thereof, and if the Magistrate after making such inquiry
or causing such inquiry to be made as he may consider necessary is satisfied that such declaration is true, he shall
certify accordingly, and on that certificate being given the provisions of section 7 shall not apply to that person in
respect of that issue of the newspaper.
The Magistrate may extend the period allowed by this section in any case where he is satisfied that such person was
prevented by sufficient cause from appearing and making the declaration within that period.]
• COMMENTS
When a person’s name is printed in the newspaper as its editor, then rebutable presumption under section 7 can be
drawn only against such editor, but when a person is not shown in the paper to be its editor no presumption under
section 7 can be drawn and it must be held that he has no concern with the publishing;Haji C.H. Mohammad Koya
v.T.K.S.M.A. Muthukoya, AIR 1979 SC154.
• Cancellation of declaration.
If, on an application made to him by the Press Registrar or any other person or otherwise, the Magistrate
empowered to authenticate a declaration under this Act, is of opinion that any declaration made in respect of a
newspaper should be cancelled, he may, after giving the person concerned an opportunity of showing cause against
the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by
such person and after giving him an opportunity of being heard, he is satisfied that—
i. the newspaper, in respect of which the declaration has been made is being published in contravention of the
provisions of this Act or rules made thereunder;
ii. the newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other
newspaper published either in the same language or in the same State; or
iii. the printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in such declaration;
or
iv. the declaration was made on false representation or on the concealment of any material fact or in respect of a
periodical work which is not a newspaper;
v. the Magistrate may, by order, cancel the declaration and shall forward as soon as possible a copy of the order to
the person making or subscribing the declaration and also to the Press Registrar.
• Appeal.-
 (1) Any person aggrieved by an order of a Magistrate refusing to authenticate a declaration under section 6 or
cancelling a declaration under section 8B may, within sixty days from the date on which such order is
communicated to him, prefer an appeal to the Appellate Board to be called the Press and Registration
Appellate Board [consisting of a Chairman and another member to be nominated by the Press Council of
India, established under section 4 of the Press Council Act, 1978 (37 of 1978), from among its members];
Provided that the appellate Board may entertain an appeal after the expiry of the said period, if it is satisfied that the
appellant was prevented by sufficient cause from preferring the appeal in time.
(2) On receipt of an appeal under this section, the Appellate Board may, after calling for the records from the
Magistrate and after making such further inquiries as it thinks fit, confirm, modify or set aside the order appealed
against.
(3) Subject to the provisions contained in sub-section (2), the Appellate Board may, by order, regulate its practice
and procedure.
(4) The decision of the Appellate Board shall be final.
• PART III
DELIVERY OF BOOKS
• Copies of books printed after commencement of Act to be delivered gratis to Government.
Printed copies of the whole of every book which shall be printed in [India] after this Act shall come into force,
together with all maps, prints or other engravings belonging thereto, finished and coloured in the same manner as
the best copies of the same, shall, notwithstanding any agreement (if the book be published) between the printer and
publisher thereof, be delivered by the printer at such place and to such officer as the State Government shall, by
notification in the Official Gazette, from time to time direct, and free of expense to the Government, as follows, that
is to say:-
a. in any case, within one calendar month after the day on which any such book shall first be delivered out of the
press, one such copy, and,
b. if within one calendar year from such day the State Government shall require the printer to deliver other such
copies not exceeding two in number, then within one calendar month after the day on which any such requisition
shall be made by the State Government on the printer, another such copy, or two other such copies, as the State
Government may direct, the copies so delivered being bound, sewed or stitched together and upon the best paper on
which any copies of the book shall be printed .
The publisher or other person employing the printer shall, at a reasonable time before the expiration of the said
month, supply him with all maps, prints and engravings finished and coloured as aforesaid, which may be necessary
to enable him to comply with the requirements aforesaid.
• Nothing in the former part of this section shall apply to—
i. any second or subsequent edition of a book in which edition no additions or alterations either in the letter-press
or in the maps, prints or other engravings belonging to the book have been made, and a copy of the first or some
preceding edition of which book has been delivered under this Act, or
ii. any [newspaper] published in conformity with the rules laid down in section 5 of this Act.
• Receipt for copies delivered under section 9.
The officer to whom a copy of a book is delivered under the last foregoing section shall give to the printer a receipt
in writing therefor.
• Disposal of copies delivered under section 9.
The copy delivered pursuant to clause (a) of the first paragraph of section 9 of this Act shall be disposed of as the
State Government shall from time to time determine.
Any copy or copies delivered pursuant to clause (b) of the said paragraph shall be [transmitted to the Central
Government]
• Copies of newspapers printed in India to be delivered gratis to Government.
The printer of every newspaper in [India] shall deliver at such place and to such officer as the State Government
may, by notification in the Official Gazette, direct, and free of expense to the Government, two copies of each issue
of such newspaper as soon as it is published.]
• Copies of newspapers to be delivered to Press Registrar.
Subject to any rules that may be made under this Act, the publisher of every newspaper in India shall deliver free of
expense to the Press Registrar one copy of each issue of such newspaper as soon as it is published.
• PART IV
PENALTIES
• Penalty for printing contrary to rule in section 3.
Whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in Section 3
of this Act, shall, on conviction before a Magistrate, be punished by fine not exceeding [two thousand] rupees, or by
simple imprisonment for a term not exceeding [ six months], or by both.
 • COMMENTS
An author of a printed pamphlet who is a literate person and who admits that he has written the subject matter dealt
with in the printed pamphlet, cannot escape liability by merely saying that he is not connected with the press or
having anything to do with its actual printing, Biman Chandra v. State, AIR 1970 Assam 128:1970 Cr.L.J. 1596
(FB).
• Penalty for keeping press without making declaration required by section 4.
Whoever shall keep in his possession any such press as aforesaid 3[In contravention of any of the provisions
contained in section 4 of this Act], shall, on conviction before a Magistrate, be punished by fine not exceeding [two
thousand] rupees, or by simple imprisonment for a term not exceeding [six months] or by both.
• Punishment for making false statement.
Any person who shall, in making [any declaration or other statement] under the authority of this Act, make a
statement which is false, and which he either knows or believes to be false, or does not believe to be true, shall on
conviction before a Magistrate, be punished by fine not exceeding 1[two thousand] rupees, and imprisonment for a
term not exceeding [six months].
• Penalty for printing or publishing newspaper without conforming to rules.--
(1)]Whoever shall [edit], print or publish [newspaper], without conforming to the rules hereinbefore laid down, or
whoever shall [edit], print or publish, or shall cause to be [edited], printed or published any [newspaper], knowing
that the said rules have not been observed with respect to [that newspaper], shall, on conviction before a magistrate,
be punished with fine not exceeding [two thousand] rupees, or imprisonment for a term not exceeding [six months]
or both.
(2) Where an offence is committed in relation to a newspaper under sub-section (1), the Magistrate may, in addition
to the punishment imposed under the said sub-section, also cancel the declaration in respect of the newspaper.
• Penalty for failure to make a declaration under section 8.
If any person who has ceased to be a printer or publisher of any newspaper fails or neglects to make a declaration in
compliance with section 8, he shall, on conviction before a Magistrate, be punishable by fine not exceeding two
hundred rupees.
• Penalty for not delivering books or not supplying printer with maps.
• If any printer of any such book as is referred to in section 9 of this Act shall neglect to deliver copies of the
some pursuant to that section, he shall for every such default forfeit to the Government such sum not
exceeding fifty rupees as a Magistrate having jurisdiction in the place where the book was printed may, on
the application of the officer to whom the copies should have been delivered or of any person authorised by
that officer in this behalf, determine to be in the circumstances a reasonable penalty for the default, and , in
addition to such sum, such further sum as the Magistrate may determine to the value of the copies which the
printer ought to have delivered.
• If any publisher or other person employing any such printer shall neglect to supply him, in the matter
prescribed in the second paragraph of section 9 of this Act with the maps, prints or engravings which may be
necessary to enable him to comply with the provisions of that section, such publisher or other person shall
for every such default forfeit to the Government such sum not exceeding fifty rupees as such a Magistrate as
aforesaid may, on such an application as aforesaid, determine to be in the circumstances a reasonable
penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be
the value of the maps, prints or engravings which such publisher or other person ought to have supplied.]
• Penalty for failure to supply copies of newspapers gratis to Government.
If any printer of any newspaper published in [India] neglects to deliver copies of the same in compliance with
section 11A, he shall, on the complaint of the officer to whom copies should have been delivered or of any person
authorised by that officer in this behalf, be punishable, on conviction by a Magistrate having jurisdiction in the
place where the newspaper was printed, with fine which may extend to fifty rupees for every default.
• Penalty for failure to supply copies of newspapers to Press Registrar.
If any publisher of any newspaper published in India neglects to deliver copies of the same in compliance with
section 11B, he shall, on the complaint of the Press Registrar, be punishable, on conviction by Magistrate having
jurisdiction in the place where the newspaper was printed, by fine which may extend to fifty rupees for every
default.
• Recovery of forfeitures and disposal thereof and of fines.
Any sum forfeited to the Government under [section 16] may be recovered, under the warrant of the Magistrate
determining the sum, or of his successor in office, in the manner authorised by the [Code of Criminal Procedure (10
of 1882) for the time being in force, and within the period prescribed by the Indian Penal Code (45 of 1860), for the
levy of a fine.
• PART V
REGISTRATION OF BOOKS
 • Registration of memoranda of books.
There shall be kept at such office, and by such officer as the State Government shall appoint in this behalf, a book to
be called Catalogue of Books printed in 1[India] , wherein shall be registered a memorandum of every book which
shall have been delivered 2[pursuant to clause (a) of the first paragraph of section9] of this Act. Such memorandum
shall (so far as may be practicable) contain the following particulars (that is to say):--
1. the title of the book and the contents of the title-page, with a translation into English of such title and
contents, when the same are not in the English language;
2. the language in which the book is written;
3. the name of the author, translator, or editor of the book of any part thereof;
4. the subject;
5. the place of printing and the place of publication;
6. the name of firm of the printer and the name of firm of the publisher;
7. the date of issue from the press or of the publication;
8. the number of sheets, leaves or pages;
9. the size;
10. the first, second or other number of the edition;
11. the number of copies of which the edition consists;
12. whether the book is printed 3[cyclostyled or lithographed];
13. the price at which the book is sold to the public; and
14. the name and residence of the proprietor of the copyright or of any portion of such copyright.
Such memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of
the 4[copy thereof pursuant to clause (a) of the first paragraph of section 9]
• Publication of memoranda registered.
The memoranda registered during each quarter in the said Catalogue shall be published in the Official Gazette, as
soon as may be after the end of such quarter, and a copy of the memoranda so published shall be sent to the Central
Government
• PART VA]
REGISTRATION OF NEWSPAPERS
• Appointment of Press Registrar and other officers.
The Central Government may appoint a Registrar of newspapers for India and such other officers under the general
superintendence and control of the Press Registrar as may be necessary for the purpose of performing the functions
assigned to them by or under this Act, and may, by general or special order, provide for the distribution of
allocation of functions to be performed by them under this Act.
• Register of newspaper.--
(1) The Press Registrar shall maintain in the prescribed manner a Register of newspapers.
(2) The Register shall, as for as may be practicable, contain the following particulars about every newspaper
published in India, namely:--
a. the title of the newspaper;
b. the language in which the newspaper is published;
c. periodicity of the publication of the newspaper;
d. the name of the editor, printer and publisher of the newspaper;
e. the place of printing and publication;
f. the average number of pages per week;
g. the number of day of publication in the year;
h. the average number of copies printed, the average number of copies sold to the public and the average
number of copies distributed free to the public, the average being calculated with reference to such period as may be
prescribed;
i. retail selling price per copy;
j. the names and addresses of the owners of the newspaper and such other particulars relating to ownership as
may be prescribed;
k. any other particulars which may be prescribed.
(3) On receiving information from time to time about the aforesaid particulars, the Press Registrar shall cause
relevant entries to be made in the Register and may make such necessary alterations or corrections therein as may
be required for keeping the Register up-to-date.
• Certificate of Registration.
On receiving from the Magistrate under section 6 a copy of the declaration in respect of a newspaper [and on the
publication of such newspaper, the Press Registrar shall], as soon as practicable thereafter, issue a certificate of
registration in respect of that newspaper to the publisher thereof.
 • Annual statement, etc., to be furnished by newspapers.
It shall be the duty of the publisher of every newspaper.—
a. to furnish to the Press Registrar an annual statement in respect of the newspaper at such time and containing
such of the particulars referred to in sub-section (2) of section 19B as may be prescribed;
b. to publish in the newspaper at such times and such of the particulars relating to the newspaper referred to in
sub-section (2) of section 19B as may be specified in this behalf by the Press Registrar.
• COMMENTS
Where the printer and publisher of a newspaper, refused to resign and to discharge their duties as printers and
publishers and the Manager and Editor of the paper, filed the declaration under section 19-D, in the name of the
Publishers, the Manager and the Editor, were not liable for offence either under section 465 or under section 471 of
the Indian Penal Code; R.R. Diwakar [Link], 1975 Cr.L.J.90.
• Returns and reports to be furnished by newspapers.
The publisher of every newspaper shall furnish to the Press Registrar such returns, statistics and other information
with respect to any of the particulars referred to in sub-section (2) of section 19B as the Press Registrar may from
time to time require.
• Right of access to records and documents.
The Press Registrar or any gazetted officer authorised by him in writing in this behalf shall, for the purpose of the
collection of any information relating to a newspaper under this Act, have access to any relevant record or
document relating to the newspaper in the possession of the publisher thereof, and may enter at any reasonable time
any premises where he believes such record or document to be and may inspect or take copies of the relevant
records or documents or ask any question necessary for obtaining any information required to be furnished under
this Act.
• Annual report
The Press Registrar shall prepare, in such form and at such time each year as may be prescribed, an annual report
containing a summary of the information obtained by him during the previous year in respect of the newspapers in
India and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the Central
Government.
• Furnishing of copies of extracts from Register.
On the application of any person for the supply of the copy of any extract from the Register and on payment of such
fee as may be prescribed, the Press Registrar shall furnish such copy to the applicant in such form and manner as
may be prescribed.
• Delegation of powers
Subject to the provisions of this Act and regulations made thereunder, the Press Registrar may delegate all or any of
his powers under this Act to any officer subordinate to him.
• Press Registrar and other officers to be public servants.
The Press Registrar and all officers appointed under this Act shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code (45 of 1860).
• Penalty for improper disclosure of information.
If any person, engaged in connection with the collection of information under this Act willfully discloses any
information or the contents of any return given or furnished under this Act otherwise than in the execution of his
duties under this Act or for the purposes of the prosecution of an offence under this Act or under the Indian Penal
Code (45 of 1860), he shall be punishable with imprisonment for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both.]
• PART VI
MISCELLANEOUS
• Power of State Government to make rules.
(1) The State Government may, by notification in the Official Gazette, make such rules (not inconsistent with the
rules made by the Central Government under section 20A) as may be necessary or desirable for carrying out the
objects of this Act.
(2) Every rule made by the Statement Government under this section shall be laid, as soon as may be after it is
made, before the State Legislature.
• Power of Central Government to make rules - The Central Government may, by notification in the
Official Gazette, make rules –

a. prescribing the particulars which a declaration made and subscribed under section 5 may contain; [and the
form and manner in which the names of the printer, publisher, owner and editor of a newspaper and the place of its
printing and publication may be printed on every copy of such newspaper];
 • (a) prescribing the manner in which copies of any declaration attested by the official seal of a Magistrate
or copies of any order refusing to authenticate any declaration may be forwarded to the person making and
subscribing the declaration and to the Press Registrar.]
• (b) prescribing the manner in which copies of any newspaper may be sent to the Press Registrar under
section 11B;
• (c) prescribing the manner in which a Register may be maintained under section 19B and the particulars
which it may contain;
b. prescribing the particulars in which an annual statement to be furnished by the publisher of a newspaper to the
Press Registrar may contain;
c. prescribing the form and manner in which an annual statement under clause (a) of section 19D, or any returns,
statistics or other information under section 19E, may be furnished to the Press Registrar;
d. prescribing the fees for furnishing copies of extracts from the Register and the manner in which such copies
may be furnished;
• 1878
• The most controversial law against the press was passed during the vice royalty of Lord Lytton and it was
restricted to the Indian-owned language press.
• Edward Robert Lytton Bulwer-Lytton was the 1st Earl of Lytton, an English statesman and a poet who wrote
under the pen name of Owen Meredith.
• The law, called “An Act for the better control of publications in oriental languages – 1878”, was better
known as the Vernacular Press Act.
• It was specifically directed against newspapers published in Indian languages, for punishing and suppressing
seditious writings, empowered the Government, for the first time, to issue search warrants and to enter the
premises of any Press, even without orders from any Court.
• The law was provoked by the writings in the Bengali language press which were characterised by
immoderation of language and character assassination.
• Lytton assumed office at a time when serious discussion was going on both in Britain and India among
officials on the need for action against the language press.
• Among the two newspapers frequently mentioned in the official minutes as offending organs were the Amrit
Bazar Patrika and the Halishahar Patrika. It was said that these journals needed dealing with but would
gain considerable publicity and popularity if court proceedings were instituted against them.
The Amrit Bazar Patrika got itself out of the clutches of the Act by converting itself into an English weekly
overnight.
• The Act empowered any magistrate of a district or a commissioner of police in a Presidency town to call
upon a printer and publisher of a newspaper to furnish a bond undertaking not to publish certain kind of
material, to demand security and to forfeit it if it was thought fit, and to confiscate any printed matter
deemed objectionable.
• No printer or publisher against whom such action had been taken could resort to a court of law.
• The government could under the Act serve notice on the proprietor that his newspaper had printed seditious
matter or incited to felony and follow it up after two days in the case of a daily newspaper and seven days in
the case of a weekly with confiscation, if the offence was repeated either in the same newspaper or in any
other paper published in the same press by the same proprietor or printer.
• The law required all native proprietors to furnish a bond of Rs 10,000 while registering their papers, which
was subject to forfeiture if an offence was committed.
• The reason given for taking action specifically against the language press was that they ‘circulated among
people who were likely to believe anything they read whereas those who could read English papers were
capable of judging the contents themselves’.
• Introducing the Bill in the Legislative Council, the legal member of the government said:
• There is a large and increasing class of native newspapers which would seem to exist only for the sake of
spreading seditious principles, bringing the government and its European officers into contempt and of
exciting antagonism between the governing race and the people of the country…Their principal topics are
the injustice and tyranny of the British Government, its utter want of consideration towards its native
subjects and the insolence and pride of Englishmen in India, both official and non-official.
• The Act evoked widespread opposition among Indians and was criticised by Liberals in Britain.
• As one writer put it… Since 1835, when Macaulay as legal member of the Viceroy’s Council had released
the Indian press from all censorship, Indians had come to regard a free press as a sacred right. In 1878, there
were 200 language papers in as many languages. The press had been muzzled during the Mutiny but the
restrictions then had been imposed equally on English and vernacular papers and had been withdrawn after
the restoration of law and order.
• Another foreign observer wrote….
• In the 18 years since the Crown had taken over the Government of India, two of its most cherished
democratic institutions had been introduced into the country – education and a free press…. More and more
newspapers were being started. There were papers in English and English editors, in English with Indian
editors and dozens in Indian languages. In consequence, there had grown up for the first time an educated
middle class whose voice could be heard in editorials and letters to the various newspapers and who had
become sensitively aware of the racial discrimination practiced against them by the British….The growing
number of young men with degrees with Indian universities could never hope to rise above the lowest rungs
of their own country as tax collectors, magistrates and judges in lower courts dealing in cases involving only
other Indians for no Europeans would have tolerated a ‘nigger’ sitting in judgement over him.
• In a letter to Lord Salisbury, secretary of state for India, in 1877, a year before the enactment of the
Vernacular Press Act, Lord Lytton wrote:
• Politically speaking, the Indian peasantry is an inert mass. If it ever moves at all, it will move in obedience
not to its British benefactors but to its native chiefs and princes, however tyrannical they may be. The only
representatives of native opinion are the baboos whom we have educated to write semi-seditious articles in
the native press and who really represent nothing but the social anomaly of their own position. To secure
completely and efficiently utilise the Indian aristocracy is, I am convinced, the most problem before us.
• Lord Lytton got into trouble with the press when he organised an Imperial Assembly in Delhi on January 1,
1877, and proclaimed Queen Victoria Empress of India. The Bombay press whipped in a campaign against
the Assemblage, which was taken up by other Anglo-Indian newspapers in other parts of the country and
also spread to the Indian press.
• The Viceroy told the Queen that the press fulminated against the heartless expenditure on mere display
while a portion of the population is starving. The newspapers were full of articles and caricatures
representing the viceroy as ‘Nero fiddling while Rome burns’.
• In 1877 there was a great famine affecting vast areas of Bombay and Madras Presidencies and the native
states of Hyderabad and Mysore and involving a population of 36 million. There were large stocks of grain
in Bengal, Burma and elsewhere but there was not adequate transport to carry them where they were needed.
The Bombay and Madras Governments adopted different policies to meet the famine and the battles over the
conflicting policies were fought out in the Bombay and Madras newspapers.
• The Indian Arms Act 1878
• This Act passed by Lytton compelled Indians to have license to keep, sell or purchase arms.
• The offenders were to be punished with both fine and imprisonment.
• The English, Anglo-Indians and government servants of certain categories were exempted from the Act
• George Frederick Samuel Robinson, 1st Marquess of Ripon, popularly known as Lord Ripon, who succeeded
Lord Lytton, as viceroy repealed the Vernacular Press Act in 1881. Its repeal was a foregone conclusion
after a Liberal Government under Gladstone came to power in England.
• When Lord Ripon became viceroy, the Anglo-Indian press was apprehensive and the Indian press expectant.
• Soon the occasion arose for the Anglo-Indian press to launch a tirade against the viceroy when the Ilbert Bill
became the focus of a racial controversy.
• The Ilbert Bill, which was introduced in 1883, provided for trial of Europeans by Indian magistrates.
• The Europeans and their press thought this was an encroachment on their status and privileges and began an
agitation against Ripon.
• He was insulted when he came to Calcutta from Simla and a conspiracy to kidnap him and ship him to
England was uncovered.
• At the height of the crisis Englishman wrote…
• We are on the eve of a crisis which will try the power of the British Government in a way in which it has not
been tried since the Mutiny of 1857.
• But this time there was a strong native press to retaliate against the Anglo-Indian press. A senior official
warned the Viceroy:
• I am afraid that if the English press takes up the discussion of the proposed measure the native press will
probably reply…which may not altogether be convenient.
• Day after day the Englishman printed letters from angry correspondents, one of whom who signed himself
as ‘Britannicus’ said in the opening paragraph: “The only people who have any right in India are the British;
the so-called Indians have no right whatever”.
• Much of the agitation was financed by European planters who were concerned about the diminution of their
power and prestige.
• The head of the CID reported to the private secretary to the Viceroy: “To make their grievance a general
one, the Europeans raised the cry of danger to European women.”
 • Lord Ripon was forced to whittle down the provisions of the bill which provided for the trial of Europeans
by Indian session judges and district magistrates with European judges.
• The English press in Calcutta hailed the amended bill as a victory for itself.
• Kotamraju Rama Rao, one of India’s great editors whom Mahatma Gandhi called ‘My Fighting Editor’, has
written:
“Indian journalism owes its vitality, importance and influence to one great factor – its greatest journalists were men
with a mission, men highly equipped intellectually, powerful writers, able controversialists and men of integrity and
courage. We also owe grateful thanks to Bengal, home of Indian journalism, the inspiring ground of many battles,
the powerhouse of many ideas and movements.”
• Two such journalists in Bengal in the latter half of the 19th century who revolutionised politics and were the
torch-bearers of Indian nationalism were Surendranath Bannerjee and Bipin Chandra Pal.
• Surendranath Bannerjee was one of the earliest Indians to be admitted to the ICS and he was dismissed in
1874 after three years of service for what the secretary of state for India described as a ‘palpable misuse of
judicial powers’ and for being guilty of falsehood. His real crime was that he had failed to correct a false
report by his subordinate.
• Bannerjee was the founder and editor of the daily Bengalee.
• Bipin Chandra Pal started as a teacher and worked in many placed including Bangalore. From a teacher he
became a journalist. He started a Bengali weekly Paridarsak in Sylhet in 1880. In 1883 he joined the Bengal
Public Opinion in Calcutta as its Chief editorial writer. In 1887 he went to Lahore to join the Tribune as sub-
editor and he was for some time the Calcutta correspondent of the Hindu of Madras. He later founded the
English weekly New India and another weekly, Bande Mataram which passed on to the hands of Aurobindo
Ghose.
• According to Bannerjee and Pal, the Vernacular Press Act of 1878 was the immediate cause of the
awakening of political consciousness and the genesis of the national movement on a country-wide scale.
• Pal has written that it was a time of awakening among students, which found expression in patriotic songs
and plays, and in the press.
• Students’ associations and societies began to grow, some of them functioning secretly, and their patriotic
fervour was fuelled by the impassioned speeches of Bannerjee who was as active as a frontline politician as
a journalist.
• The protests against the Vernacular Press Act during the three years it was I force brought the Indians
together in a way they had never been united before. The fight for Indian freedom by the educated masses
can really be said to date from the Vernacular Press Act.
• Bannerjee was in the forefront of organising political activity not only in Bengal but all over the country.
For this purpose he undertook an all-India tour which evoked good response.
• In Lahore, he persuaded Dyal Singh Majithia to start the Tribune (which is among the Indian newspapers to
have completed 100 years) and supplied it with machinery and also its first editor.
• One of the greatest sons of Punjab in the second half of 19th century Sardar Dyal Singh Majithia was a
versatile and amazing personality.
• His father General Lehna Singh Majithia was one of the Generals in Ranjit Singh’s army, who was an
engineer and Chief of the Ordinance department of the Maharaja.
• For three generations the family had provided generals to the maharaja’s Army. Majithia Sardars family was
so eminent that when Viceregal Durbar was held in Lahore in 1864, of the 603 people invited, Dyal Singh
then age 16 was allotted 55th seat and his uncle Sardar Ranjodh Singh Majithia being 103rd.
• Anarchist situations that prevailed in Punjab after the death of Maharaja Ranjit Singh in 1839, forced
General Lehna Singh Majithia to leave Lahore.
• After travelling Hardwar, Banaras, Jagannath Puri and Calcutta the family settled down in Banaras, where
Dyal Singh his only son was born in 1848.
• Orphaned at the age of six on the death of his parents in 1854, Dyal Singh was brought to his ancestral home
Majitha- a town 10 miles north of Amritsar in Punjab.
• Dyal Singh received education first at home, from an English governess and then in the Christian Mission
School at Amritsar.
• Dyal Singh showed signs of an inquisitive mind with an insatiable hunger for knowledge. He became a
scholar of Persian, Arabic, Hindi and English.
• Sardar Dyal Singh later shifted to Lahore. His friends were teachers, poets, lawyers, civil servants and
politicians.
• Dyal Singh lived like a prince. He was a patron of wrestling and keen kite- flyer. He travelled to the United
Kingdom and Europe, which broadened his outlook towards life and revolutionized his religious beliefs.
• Sardar Dyal Singh developed an admiration for western system of education and the freedom of the press.
• He started the weekly Tribune- newspaper from Lahore on February 2, 1881. It became tri-weekly in 1898
and a daily in 1906.
• Sardar Dyal Singh extended his patronage to poets, artists and sportsmen. He himself wrote poetry under the
pen name “Mashriq”
• Sardar Dyal Singh was the main force behind the founding of Punjab University Lahore.
• He was the leader of Punjabi youth in the movement for demanding in setting up a University in Lahore to
impart education through the medium of English. The battle was won in 1882 when the Punjab University
was set up on the model of Calcutta, Bombay and madras Universities.
• According to Annie Besant, Sardar Dyal Singh was among the “17 good men and true” who founded the
Indian National Congress.
• Sardar Dyal Singh Majithia Died on September 9, 1898 without an issue.
• After the partition of the country in 1947, Dyal Singh College, Dyal Singh Majithia Hall, Dyal Singh
Mansions and Dyal Singh Library still exists by the same name. It is a tribute to Sardar Dyal Singh’s
transcendent qualities that Pakistan Government retained his name for the college and library.
• The Tribune shifted to Simla then to Ambala and later to Chandigarh.
• Education Commission 1882
• Lord Ripon appointed an Education Commission in 1882. Its Chairman was Sir W W Hunter. The
Commission suggested the improvement of Primary and Secondary education.
• It also suggested the establishment of model schools in every district.
• Secondary education was encouraged with the further extension of grants-in-aid to private institutions.
• The commission also recommended to the government to pay more attention towards female education.
• Lord Ripon was instrumental in the foundation of the Punjab University.
• Father of Local Self Government in India
• The most popular reform of Lord Ripon was his measure for the decentralisation of administrative and
financial control. His government passed a series of Acts in 1883 – 1884 for the establishment of Local Self
Government in India.
• According to them District and Taluk Boards were set up throughout the country.
• These local self-governing bodies were entrusted with the task of promoting education, public health,
drinking water, hygiene and sanitation and the maintenance of roads.
• They had appropriate funds to carry out these duties.
• In order to give training to Indians to manage their affairs, election, rather than nomination, was adopted.
• The Indian owned and edited English press was very strong and influential in Calcutta with the Bengalee,
Amrit Bazar Patrika, Hindu Patriot and Indian Mirror dominating the scene.
• Census of India 1881
• Lord Ripon introduced the Census system in India in this year.
• 1898
• The year saw the passing of two legislative measures relating to the general law of crimes some provisions
of which particularly concerned the Press; one was the amendment of the Indian Penal Code, 1860, (the
substantive law of crimes); and the other was the enactment of the Code of Criminal Procedure, 1898, to
consolidate and amend the law relating to criminal procedure and to replace the Criminal Procedure Code of
1882.
• The changes in the IPC made by the IPC Amendment Act, 1898, with which the Press was concerned were –
1. The substitution of S.124A, to make it more effective;
2. The insertion of S.153A to punish the promotion of enmity between classes;
3. The substitution of S.505 relating to the making or publishing of statements conducing to public mischief.
• A general code laying down the procedure in criminal matters, the Code of Criminal Procedure of 1898,
came to include matters of interest to the Press.
• For instance S 108 of the CrPC that deals with ‘Security for good behaviour from persons disseminating
seditious matter’.

• In 1922 the following sections were inserted in the CrPC.

• 99-A. Power to declare certain publications forfeited and to issue search-warrants for the same.
• 99-B. Application to High Court to set aside order of forfeiture.
• 99-D. Order of High Court setting aside forfeiture.
• 99-E. Evidence to proven nature or tendency of newspaper.
• 99-F. Procedure in High Court.
• 99-G. Jurisdiction barred
The sections conferred certain procedural powers upon the Government to search for and forfeit publications which
offended against the provisions of S 124 A, 153A or 295A of the IPC.
• 1908
• The Newspapers (Incitement of Offences) Act, which was passed in this year, empowered a magistrate to
seize a Press on being satisfied that a newspaper printed therein contained incitement to murder or any other
act of violence or an offence under the Explosive Substances Act.
• In view of the close connection between the perpetrators of outrages by means of explosives and the
publication of criminal incitements in certain newspapers.
• The law was enacted during the time of Gilbert Elliot-Murray-Kynynmound, the 4th Earl of Minto, who
served as Viceroy between 1905 and 1910.
• 1910
• The Newspapers (Incitement of Offences) Act, was followed by a more comprehensive enactment, the
Indian Press Act, 1910, directed against offences involving violence as well as sedition.
• The Act empowered the Government to require deposit of security by the keeper of any Press which
contained matter inciting Substances Act, and also provided the forfeiture of such deposit in specified
contingencies.
• The Indian Press Act authorised magistrates to require deposits ranging from Rs 500 to Rs 2000 from new
printing press and publishers of newspapers are large securities from existing ones.
• The scope of the objectionable matter became flexible so as to include writings against Princes, executive
officers and public servants.
• This Act completely muzzled the Press.
• By 1919 this Act had penalised over 350 publications and required from 300 newspapers security deposits
totalling pounds 40,000. The leading newspapers like the Amrit Bazar Patrika, The Bombay Chronicle, The
Hindu, The Independent, The Tribune were victimised by the Act.
• After the Reforms of 1919, a committee was appointed under the Chairmanship of Sir Tej Bahadur Sapru,
the First Indian Law Member of the Government of India to examine the working of the Press Act, 1910.
• The committee recommended the repeal of the Act.
• 1922
• Both the foregoing Acts of 1908 and 1910 were repealed in this year in pursuance of the recommendations
of a Committee set up in 1921 to the effect that the contingency in view of which these Acts had been
passed, namely, promotion of revolutionary conspiracies through the Press was over and that the purposes of
these Acts would be served by the ordinary law and by incorporating the provisions of the Act of 1910 as to
the seizure and confiscation of seditious publications in the Press and Registration of Books Act, the Sea
Customs Act and the Post Office Act, by suitable amendments.
• However, the launching of the Civil Disobedience Movement in 1931 for the attainment of Swaraj prompted
the Government to promulgate an Ordinance to ‘control the Press’ which was later embodied in the Press
(Emergency) Powers Act, 1931.
• Originally a temporary Act, it was made permanent in 1935.
• Official Secrets Act, 1923
• A general Act which has a greater impact on the Press, in particular, is the Official Secrets Act, 1923, which
is aimed at maintaining the security of State against leakage of secret information, sabotage and the like.
• The offences under this Act are serious offences affecting the State. The Court should, therefore, be
circumspect in granting bail to persons accused of non-bailable offences under this Act.
• Giving an information which may not be secret, but which may be useful to enemy is an offence under this
Act.
• The word ‘enemy’ includes an unfriendly power.
• The word ‘secret’ qualifies ‘official code or pass word’ and not any sketch, plan, model, article, or note or
other document or information.
• Where the evidence disclosed that the manner in which the ‘map’ was concealed in the house of the accused
indicates that he was in conscious possession of the same.
• Once a conspiracy to commit an illegal act is proved, act of one conspirator becomes the act of the other.
• Public interest requires that certain class of privileged papers such as cabinet papers, minutes of discussions
between Heads of Departments, high level inter-departmental communications, papers concerning
government policies, and dispatches from Ambassadors abroad, should not be disclosed in public interest.
• The questioning of the accused must be during the day time only and in no case after sunset and before
sunrise.
• An offence under the Act may be tried, under this Act, only if the complaint is made by the specially
empowered officer. Otherwise the trial will be void.
 • The court has no power to take cognizance except with the previous sanction of the government.
• The Indian Press (Emergency) Powers Act , 1931
• This Act imposed on the Press an obligation to furnish security at the call of the Executive.
• The Act was amended later by the Criminal Law Amendment Act, 1932.
• The Criminal Law Amendment Act empowered a Provincial Government to direct a printing press to
deposit a security which was liable to be forfeited if the press published any matter by which any of the
mischievous acts enumerated in Section 4 of the Act were furthered, e.g., bringing the Government into
hatred or contempt or inciting disaffection towards the Government; inciting feelings of hatred and enmity
between different classes of subjects, including a public servant to resign or neglect his duty.
• This system of executive control and punishment of the Press is foreign to democratic England. The Indian
Act was, in fact, an antiquated revival of the trial by Star Chamber of Press offences and the licensing
system which English democracy had fought and suppressed.
• Court of Star Chamber
• The Court of Star Chamber, known simply as the Star Chamber, was a supplement to common-law courts in
England. The Star Chamber drew its authority from the king's sovereign power and privileges and was not
bound by the common law.
• The Star Chamber was so named for the star pattern on the ceiling of the room where its meetings were held,
at Westminster Palace.
• The Star Chamber evolved from the medieval king's council. There had long been a tradition of the king
presiding over a court composed of his privy councillors; however, in 1487, under the supervision of Henry
VII, the Court of Star Chamber was established as a judicial body separate from the king's council.
• Purpose of the Star Chamber:
• To oversee the operations of lower courts and to hear cases by direct appeal. The court as structured under
Henry VII had a mandate to hear petitions of redress. Although initially the court only heard cases on
appeal, Henry VIII's chancellor Thomas Wolsey and, later, Thomas Cranmer encouraged suitors to appeal to
it straight away, and not wait until the case had been heard in the common-law courts.
• Advantages of the Star Chamber:
• The Star Chamber offered expeditious resolution to legal conflicts. It was popular during the reigns of the
Tudor kings, because it was able to enforce the law when other courts were plagued by corruption, and
because it could offer satisfactory remedies when the common law restricted punishment or failed to address
specific infractions. Under the Tudors, Star Chamber hearings were public matters, so proceedings and
verdicts were subject to inspection and ridicule, which led most judges to act with reason and justice.
• Disadvantages of the Star Chamber:
• The concentration of such power in an autonomous group, not subject to the checks and balances of
common law, made abuses not only possible but likely, especially when its proceedings were not open to the
public. Although the death sentence was forbidden, there were no restrictions on imprisonment, and an
innocent man could spend his life in jail.
• The End of the Star Chamber:
• In the seventeenth century, the proceedings of the Star Chamber evolved from above-board and fairly just to
secretive and corrupt. James I and his son, Charles I, used the court to enforce their royal proclamations,
holding sessions in secret and allowing no appeal. Charles used the court as a substitute for Parliament when
he tried to govern without calling the legislature into session. Resentment grew as the Stuart kings used the
court to prosecute nobility, who would otherwise not be subject to prosecution in common-law courts.
The Long Parliament abolished the Star Chamber in 1641.
• In modern usage, legal or administrative bodies with strict, arbitrary rulings and secretive proceedings are
sometimes called, metaphorically or poetically, star chambers.
• This is a pejorative term and intended to cast doubt on the legitimacy of the proceedings. The inherent lack
of objectivity of any politically motivated charges has led to substantial reforms in English law in most
jurisdictions since that time.
The very Preamble of the Indian Press (Emergency) Powers Act , 1931 – “for the better control of the Press” – was
offensive.
• In India, while the Draft Constitution was under consideration in the Constituent Assembly, the Government
of India appointed a Press Laws Enquiry Committee to “review the Press Laws of India with a view to
examine if they are in accordance with the fundamental rights formulated by the Constituent Assembly of
India”.
• This committee recommended, inter alia, a repeal of the Press (Emergency) Powers Act, 1931, and the
incorporation of some of its provisions in the general statutes laying down the law of crimes.
 • Some of the clauses of the Act were declared to be repugnant to the provisions of Article 19 (2) of the
Constitution at it then stood.
• This led Government to replace the Act of 1931 by a revised measure, namely the Press (Objectionable
Matter) Act, 1951, and its constitutionality came to be reviewed in some cases.
• The Press (Objectionable Matter) Act, 1951
• The Preamble of the Press (Objectionable Matter) Act, 1951, looked innocuous as it was “to provide against
the printing and publication of incitement to crime and other objectionable matter”.
• The other improvements were:
1. While the Act of 1931 was a permanent statute, the Act of 1951 was a temporary one, to remain in force for a
period of two years;
2. The new Act provided for a judicial inquiry by a Sessions Judge before security could be demanded from a
printing press or forfeited to Government;
3. And the person against whom a complaint had been made, could demand the matter to be determined with the aid
of a Jury, and had a right of appeal from the order of the Sessions Judge to the High Court.
• Nevertheless, the very idea of a special law imposing restrictions upon the publication of certain matters
instead of leaving them to be punished under the general law for specific offences was not acceptable to
many and, before the duration of the temporary Act could be extended beyond 1953, the question of further
extension of the Act was examined by a Press Commission which the Government had appointed in 1952.
• The minority of the Commission recommended that the Act should lapse after its current term.
• The majority sought to rely on internal control of the Press by a Press Council and expressed the desire that
Government should drop the special Act after two years if the Press Council succeeded in checking those
who indulged in the publication of objectionable matter.
• The implementation of this recommendation by the Government forms a landmark in Indian democracy.
The Act of 1951, which had been extended up to February 1956, was allowed to lapse thereafter and it was
also formally repealed by a subsequent Repealing Act of 1957.
• The episode of the Newspaper (Price and Page) Act, 1956.
• The story relating to the enactment of this Act and its annulment by the Supreme Court in 1962 illustrates
how the freedom of the Press may be interfered with by the Government indirectly, by enacting some law
which did not profess to impose any restriction on that freedom on the ground of security of State or the like.
• The Act was made with the apparently laudable object of preventing unfair competition among newspapers
through price-cutting.
• In exercise of the power conferred by this Act, the Central Government issued the Daily Newspapers (Price
and Page) Order, 1960.
• The right of a newspaper to publish any number of pages was made to depend upon the price charged to the
readers, so that a newspaper could not increase the volume of its publication without raising its price to that
extent.
• The justification offered was that such a regulation of volume according to price was necessary to protect
smaller newspapers from unfair competition of the bigger newspapers having larger financial resources.
• Another object, it was stated, was to prevent concentration of ownership in the hands of the few commercial
groups which conduct the bigger newspapers.
• Both these contentions were turned down by the Supreme court with the observation, inter alia, that-
a) Fixation of a minimum price for the number of pages which a newspaper is entitled to publish would deter a
class or section of its readers from purchasing such newspaper because of the higher price and thus curtail its
circulation;
b) Limiting the number of subscribers of a newspapers is an infringement of the freedom of the Press,
guaranteed by Article 19 (1)(a), even though it is effected through a schedule of rates;
c) The volume of circulation of a newspaper cannot be curtained for the purpose of protecting or promoting
smaller newspapers or for suppressing unfair practices by other newspapers or for provisions of monopolies.
• Criminal Law Amendment Act, 1961.
• Subsequent to the expiry of the Press (Objectionable Matters) Act, 1951, Parliament enacted the Criminal
Law Amendment Act, 1961, imposing restrictions upon the freedoms of expression and of Press as well as
the freedoms of assembly and of movement, on grounds of ‘security of the State’, and public order.
• Defence of India Act, 1962
• On account of the Chinese aggression, a Proclamation of Emergency was made by the President on October
26, 1962, to be followed by the Defence of India Ordinance, 1962.
• This Ordinance was embodied in the Defence of India Act, 1962, on December 12, 1962.
• Section 3 of this Act empowered the Central Government to make rules with respect to a number of matters
including -
 i) The prohibition of publications or communications prejudicial to the civil defence or military operations;
ii) The prevention of prejudicial reports;
iii) The prohibition of printing or publishing any prejudicial matter in any newspaper; demanding security from
any Press which is used for printing such matter and forfeiture of such security; closing down any Press
which continues in such activity even after forfeiture of security.
• Press Council Act 1965
• Following the British precedent, a Press Council was constituted in 1966 under the Press Council Act, 1965,
which was enacted to implement the recommendations of the Press Commission.
• The object of establishing the Council was to preserve the freedom of the Press and to maintain and improve
the standards of newspapers in India.
• It was to form a Code of Conduct to prevent writings which were not legally punishable but were yet
‘objectionable’.
This Act was repealed, simultaneously with the promulgation of the Publication of Objectionable Matter Ordinance,
1975, in December 1975.
• Composition of the Council
• The Council shall consist of a Chairman and twenty-five other members.
• The Chairman shall be a person nominated by the Chief Justice of India.
• The other members shall be chosen as follows:-
(a) thirteen members from among the working journalists, of whom not less than six shall be editors of
newspapers who do not own or carry on the business of management of newspapers, so however that the
number of editors of newspapers published in Indian languages shall not be less than three;
(b) six members from among persons who own or carry on the business of management of newspapers;
(c) three members from among persons having special knowledge or experience in the field of education,
science, literature, law or culture;
(d) three members, of whom two shall be from among the members of the House of the People and one from
among the members of the Council of States.
• The two members to be chosen from among the members of the House of the People shall be nominated by
the Speaker thereof and the one to be chosen from among the members of the Council of States shall be
nominated by the Chairman thereof; and save as aforesaid, all the other members referred to in sub-section
(3) shall be nominated by a Committee consisting of the Chief Justice of India, the Chairman of the Council
and a person to be appointed by the President of India, and in making any such nomination, the Committee
shall have due regard to the consideration that not more than one person interested in any newspaper or any
group of newspapers under the same control or management should be nominated to represent any of the
categories referred to in clause (a) or clause (b) of that sub-section.
• Before making any nomination under clause (a) or clause (b) or sub-section (3), the Committee referred to in
sub-section (4) shall, in the prescribed manner, invite panels of names from all such associations of persons
of the categories referred to in the said clause (a) or clause (b) as may be notified in this behalf by the
Council and in making any such nomination the Committee shall have due regard to the panels of names
forwarded to it:

Provided that, until the Council is established, such associations shall be notified by the Central
Government.
• Before making any nomination under clause (c) of sub-sections (3), the Committee shall consult such
associations or persons as it thinks fit.
• The names of persons nominated under this section shall be forwarded to the Central Government and shall
be notified by that Government in the Official Gazette, and every appointment so made under this section
shall take effect from the date on which it is so notified.
• The Council may, in furtherance of its object, perform the following functions, namely :-
• to help newspapers to maintain their independence;
• to build up a code of conduct for newspapers and journalists in accordance with high professional
standards;
• to ensure on the part of newspapers and journalists the maintenance of high standards of public taste and
foster a due sense of both the rights and responsibilities of citizenship;
• to encourage the growth of a sense of responsibility and public service among all those engaged in the
profession of journalism;
• to keep under review any development likely to restrict the supply and dissemination of news of public
interest and importance;
 • to keep under review such cases of assistance received by any newspaper or news agency in India from
foreign sources, as are referred to it by the Central Government;
• Provided that nothing in this clause shall preclude the Central Government from dealing with any case of
assistance received by a newspaper or news agency in India from foreign sources, in any other manner it
thinks fit;
• to promote the establishment of such common service for the supply and dissemination of news to
newspapers as may, from time to time, appear to it to be desirable;
• to provide facilities for the proper education and training of persons in the profession of journalism;
• to promote a proper functional relationship among all classes of persons engaged in the production or
publication of newspapers;
• to study developments which may tend towards monopoly or concentration of ownership of newspapers,
including a study of the ownership or financial structure of newspapers, and if necessary, to suggest
remedies therefore;
• to promote technical or other research;
• to do such other acts as may be incidental or conducive to the discharge of the above functions.
• Section 13 (1)
• Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a newspaper
has offended against the standards of journalistic ethics or public taste or that an editor or a working
journalist has committed any professional misconduct or a breach of the code of journalistic ethics, the
Council may, after giving the newspaper, the editor or journalist concerned an opportunity of being heard,
hold an inquiry in such manner as may be provided by regulations made under this Act and, if it is satisfied
that it is necessary so to do, it may, for reasons to be recorded in writing, censure the newspaper, the editor
or journalist, as the case may be.
• Section 13 (2) and (3)
• Nothing in sub-section (1) shall be deemed to empower the Council to hold an inquiry into any matter in
respect of which any proceeding is pending in a court of law.
• The decision of the Council under sub-section (1), shall be final and shall not be questioned in any court of
law.
• General powers of the Council
• For the purpose of performing its functions under this Act, the Council may require the publisher of any
newspaper to furnish to it information on such points or matters as it may deem necessary.
• While holding any inquiry under this Act, the Council shall have the same powers as are vested in a civil
court while trying a suit under the Code of Civil Procedure, 1908(5 of 1908), in respect of the following
matters, namely :-

(a) summoning and enforcing the attendance of persons and examining them on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses or documents.

• Every inquiry held by the Council shall be deemed to be a judicial proceeding within the meaning of
sections 193 and 228 of the Indian Penal Code(45 of 1860).
• Fund of the Council
• The Council shall have its own Fund; and all such sums as may, from time to time, be paid to it by the
Central Government and all grants and advances made to it by any other authority or person shall be credited
to the Fund and all payments by the Council shall be made therefrom.
• All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as may,
subject to the approval of the Central Government, be decided by the Council.
• The Council may spend such sums as it thinks fit for performing its functions under this Act, and such sums
shall be treated as expenditure payable out of the Fund of the Council.
• FREEDOM OF THE PRESS
• Threats to Press Freedom
An attack on a paper or those connected with it editorially or in management with a view to pressurising or
intimidating them for the opinion expressed in the paper, constitutes a gross interference with the freedom of the
Press (case of Malayala Manorama, PCI Review, Jan 1983 p. 62).
• Tendencies to coerce newspapers to desist from publishing facts or toe a particular line are matters of
concern. (Case of Malayala Manorama, PCI Annual Report 1968, p. 38)
• The local administration is expected to help the journalist to perform his duties without being under duress
or pressure (case of Blitz, PCI Review April 1984, p. 30)
• Implication of an editor of a newspaper in a fabricated case by the police authorities with a view to harassing
him for his treatment of the news or critical writings amounts to interference in the freedom of the Press.
(Case of Mahajati, PCI Review October 1983, p. 55)
• Groups raids on newspaper offices by unruly mobs interferes with the freedom of the Press. Suitable
precautionary protective measures ought to be taken by the police. The same applies to blockade of
newspapers offices. (Suo motu action by the Press Council against the Government of Karnataka, PCI
Review April 1982, p. 36)
• Harassment and victimization of journalists by police is a direct attack on the freedom of the Press. ( Case of
Madhya Pradesh Small Newspapers’ Association, PCI Annual Report 1972, p. 66)
• Seizure of camera and removal of film by police from a Press Photographer while covering the news would
amount to preventing the journalist from performing his duties and is a matter to be viewed seriously. (Case
of Searchlight, PCI Annual Report 1972, p. 65)
• Filing of motivated frivolous cases against a journalist would amount to interfering with his functions. (Case
of Malayala Manorama, PCI Annual Report, 1968, p. 38 and PCI Annual Report 1967, p. 52-58)
• Any attempt by a minister to browbeat a reporter into toeing his line in the matter of reporting would be
inconsistent with maintaining the proper standards of ministerial conduct towards the Press. (Case of Dainik
Janambhumi, PCI Annual Report 1980, p. 56)
• Disaccreditation and withdrawal of housing facilities from a newspaper correspondent because of
articles/news items written by him would amount to an attempt to pressurise the correspondent and,
therefore, the Press. (Case of Chandigarh Union of Journalists, PCI Annual Report, 1974, p. 68)
• The Press and Registration of Books Act, 1867, does not empower the District Magistrate to obtain
"Assurance Letters" from prospective editors before granting or refusing a declaration. (Case of U.P. Small
and Medium Newspapers Editors’ Council, PCI Review, Jan. 1983, p. 58)
• Declaration of newspapers under the Press and Registration of Books Act, 1867, cannot be cancelled on the
ground that the newspapers concerned were indulging in yellow journalism. Any complaint in regard to
yellow journalism should be filed with the Press Council (Suo Motu action by the Press Council, PCI
Annual Report 1983, p. 37)
• Closeness of the date of appearance of a critical article and the date of disaccreditation would be material
factors determining whether the disaccreditation was on account of that article. (Case of Sarita, Mukta etc.,
PCI Annual Report 1981 p. 60)
• The giving or withholding of advertisements, whether by individuals or by the government as a lever to
influence the editorial policy constitutes a threat to and jeopardises the liberty of the Press, meaning in this
context the freedom of the editor. This is especially so in case of the government since it is the trustee of
public funds and, therefore, bound to utilise them without discrimination. (Case of Tribune, PCI Annual
Report 1970, p. 45)
• Advertisements, from any party including the government cannot be claimed as a matter of right by a
newspaper. Government can frame its policy of placing advertisements based on objective criteria. But this
should be based upon publicly stated principles without taking into consideration the editorial policy of the
paper. (Cases of Saptahik Mujahid, PCI Review July 1983, p. 44, and Tribune, PCI Annual Report 1970, p.
45)
• If an editor is guilty of an action or an impropriety de hors his paper, he can be proceeded against personally
but this would not justify denial of advertisements to the paper of which he happens to be the editor. This
applies to an employee or even the proprietor of a newspaper. (Case of Searchlight and Pradeep, PCI Annual
Report 1974, p. 11)
• The outside activities of the editor or other journalists might throw light on what he wrote for the paper, and
in the event of such writings being improper, action against the paper is justified. However, this is for
improper publication and for the employees’ activities de hors the paper. (Ibid)
• It is improper to offer an inducement to a journalist to adopt a particular line of comment, and for the
journalist to accept such an inducement. In the event of improper inducement being offered by the
government the situation would be worse, since, then the media would become an arm of law enforcement.
(Ibid)
• It is improper for a journalist to accept an assignment which would be incompatible with the integrity and
dignity of his profession or exploitation of his status as journalist. (Ibid)
• The editor of a newspaper cannot be asked to divulge the source of information of a letter published in his
paper. (Case of Arjun Baan, PCI Review, July 1983, p. 53)
• Asking a journalist to divulge his personal and confidential source of information amounts to violation of his
obligation to report on events of public interest and constitutes a threat to Press freedom. (Case of Press
Correspondent, Hind Samachar, PCI Annual Report 1973, p. 27)
• The editor of a newspaper cannot be directed by the police to alert his correspondent against the publication
of a news item relating to the acts of the police, as it would be against the fundamental right of the Press.
(Case of Vishwa Manav, PCI Review, October 1983, p. 52)
• The motivated stoppage of subscription of teleprinter service of a news agency due to the feeling that
reportage of a certain situation was exaggerated and to pressurize the agency would amount a threat to the
freedom of the press. (Case of ex-Member of Parliament, PCI Annual Report 1972, p. 7)
• Singling out news despatches to a newspaper and arrest of editors for activities in discharge of their
professional duties and issue of warning letter from the government to newspapers to desist from publishing
anything relating to certain activities of some groups, could legitimately give rise to an apprehension of
threat to the freedom of the Press. (Suo motu action by the Press Council, PCI Review April 1983, p. 52)
• Apart from inquiring into the regular complaints, the Council has held a number of special inquiries, mostly
suo motu, but sometimes on complaints into incidents and matters concerning the Press.
• Report on Deshar Katha, Tripura 1990
• Following a complaint by Shri Gautam Das, Editor, Daily Deshar Katha, a Bengali newspaper of Agartala,
Tripura, regarding frequent violent attacks on the employees and hawkers of his newspapers by Congress (I)
workers, the Press Council set up a Special Committee to make a thorough on-the-spot inquiry. The
Committee visited Agartala and heard the representatives of the Government of Tripura and the
complainant. As a result the Government of Tripura assured that they would take all necessary steps to
prevent recurrence of such incidents and provide full security to Deshar Katha.
• Ayodhya Report 1990
• A special inquiry was set up on the Ayodhya happenings in 1990 and another in 1992. Their reports were
made public in 1991 and 1993 respectively. In the first inquiry, the Council found four Uttar Pradesh dailies
Jagran, Aj, Swatantra Bharat and Swatantra Chetna, guilty of publishing reports which constituted a grave
violation of norms of journalistic ethics. The Council censured these newspapers for violation of the norms.
• The Council also criticised the Uttar Pradesh Government for its many lapses in dealing with the situation
and its behaviour towards the Press. It expressed serious concern over the authorities taking recourse to
punitive and preventive action in excess of the demand of the situation and deplored invoking provisions of
non-existent Press (Objectionable Matters) Act, 1951, and misapplying the provisions of the Press and
Registration of Books Act, 1867.
• Ayodhya Report 1993
• In the wake of the demolition of the disputed shrine at Ayodhya on 6.12.1992 came the reports of numerous
attack on journalists/press media photographers/cameramen who were covering the happenings at Ayodhya
on December 6, 1992 and thereabout. As the matter was of great urgency and concern, a Special Inquiry
Committee headed by the Chairman of the Council was set up to inquire into the matter. Prior to this the
Chairman had already issued an appeal urging restraint and moderation on the part of the press while
reporting events and presenting comments bearing on communal relations. Simultaneously, he expressed
concern on the incidents of assaults on journalists when, they in discharge of their professional duties, were
trying to cover the events. He also appealed to the authorities to ensure that the press is allowed to function
freely and fearlessly to disseminate information on matters of public importance.
• Punjab Report 1991
• An inquiry was held into the pressures and problems confronting the Press and its personnel during acts of
terrorism in Punjab. Adopting the report of the Special Committee, captioned ‘Overcoming Fear’ the
Council extended its full support to the Punjab Press in its efforts to inform the people truthfully and
impartially of the events and circumstances in the State and in resisting any code or norm sought to be
imposed on it through force or intimidation by any extraneous authority or organisation.
• J&K Report 1991
• Similarly, a special inquiry was held on the problems faced by the Press in Jammu and Kashmir. Adopting
the report of this committee in July 1991, the Council said the critical importance of information and
communication in the complex and difficult situation in Kashmir had not been adequately realised either by
the government or by the media itself. It suggested a series of measures to respond effectively to the various
aspects of the situation. The full report was later published under the caption ‘Crisis and Credibility’.
• Bihar Report 1993
• The report on increasing incidents of assaults on journalists and the pressures/impediments in the way of
free functioning of the Press in the State of Bihar adopted by the Council on March 31, 1993 advised the
Press and the authorities to put their relations on more healthy footings.
• Report on AIDS and the Media 1993
• The report on ‘AIDS AND THE MEDIA’ laid down certain do’s and don’ts for the media advising them
that from sporadic news AIDS must become campaign target. At the same time, the Press should bear in
mind that the ‘public interest’ which may justify publication of a matter within the preserve of personal
privacy, must be a ‘legitimate interest’ and not prurient or morbid curiosity.
• Defence Report 1993
• Yet another report of June 1993 captioned ‘Pen and Sword’ advocated an attitude of greater openness in
Defence related information.
• J & K Report 1994
• The Council’s latest report of 1994 on "Threats to the media from militant organisation in J & K" has
recommended prompt dissemination of information at government level to counter militant propaganda. The
report has also advised the Government to provide institutional and area security to the media personnel who
face threats from the militants for taking independent stand.
• Guidelines on ‘Pre-poll’ and ‘Exit-polls’ Survey
• The Press Council of India having considered the question of desirability or otherwise of publication of
findings of pre-poll surveys and the purpose served by them, is of the view that the newspapers should not
allow their forum to be used for distortions and manipulations of the elections and should not allow
themselves to be exploited by the interested parties.
• The Press Council advises that in view of the crucial position occupied by the electoral process in a
representative democracy like ours, the newspapers should be on guard against their precious forum being
used for distortions and manipulations of the elections.
• This has become necessary to emphasize today since the print media is sought to be increasingly exploited
by the interested individuals and groups to misguide and mislead the unwary voters by subtle and not so
subtle propaganda on casteist, religious and ethnic basis as well as by the use of sophisticated means like the
alleged pre-poll surveys.
• While the communal and seditious propaganda is not difficult to detect in many cases, the interested use of
the pre-poll survey, sometimes deliberately planted, is not so easy to uncover.
• The Press Council, therefore, suggests that whenever the newspapers publish pre-poll surveys, they should
take care to preface them conspicuously by indicating the institutions which have carried such surveys, the
individuals and organisations which have commissioned the surveys, the size and nature of sample selected,
the method of selection of the sample for the findings and the possible margin of error in the findings.
• Further in the event of staggered poll dates, the media is seen to carry exit-poll surveys of the polls already
held. This is likely to influence the voters where the polling is yet to commence.
• With a view to ensure that the electoral process is kept pure and the voters’ minds are not influenced by any
external factors, it is necessary that the media does not publish the exit-poll surveys till the last polls is held.
• The Press Council, therefore, request the Press to abide by the following guideline in respect of the exit-
polls:
• No newspaper shall publish exit-poll surveys, however, genuine they may be, till last of the polls is over.
• The Council feeling concerned over the malpractice in the Corporate Sector and after holding detailed
deliberations and discussions with the representatives financial institutions and journalists, has
recommended the guidelines enumerated below for observance by the financial journalists….
• The financial journalists should not accept gifts, loans, trips, discounts, preferential shares or other
considerations which compromise or are likely to compromise his position.
• It should be mentioned prominently in the report about any company that the report is based on information
given by the company or the financial sponsors of the company.
• When the trips are sponsored for visiting establishments of a company, the author of the report who has
availed of the trip must state invariably that the visit was sponsored by the company concerned and that it
had also extended the hospitality as the case may be.
• No matter related to the company should be published without verifying the facts from the company and the
source of such report should also be disclosed.
• A reporter who exposes a scam or brings out a report for promotion of a good project, should be encouraged
and awarded.
• A journalist who has financial interests such as share holdings, stock holdings, etc., in a company, should
not report on that company.
 • The journalist should not use for his own benefit of his relations and friends, information received by him in
advance for publication.
• No newspaper owner, editor or anybody connected with a newspaper should use his relations with the
newspaper to promote his other business interests.
• Whenever there is an indictment of a particular advertising agency or advertiser by the Advertising Council
of India, the newspaper in which the advertisement was published must publish the news of indictment
prominently.
• Portrayal of Women in Media (1996)
• The Central Government in February 1995 forwarded to the Press Council for its views, the
recommendations of Maharashtra Government on the possible role of audo-visual and print media in the
advancement of the cause of women.
• A Sub-Committee of the Council interacted with prominent film/media personalities and other eminent
persons. Its report was adopted by the Council on January 8, 1996.
While concurring with and endorsing the recommendations of Maharashtra Government’s Policy for Women, the
Council made some recommendations, prominent among them being
(a) stories of atrocities on women should be published but without sensationalising them;
(b) efforts of the media should be directed towards highlighting the positive achievements of women;
(c) the downward slide in the moral ethos has to be checked by combating obscenity and vulgarity;
(d) the Press Council of India on its part should accord priority to consideration of complaints brought before it on
charges of denigrating women and build up further guidelines etc. In conclusion, it was emphasized that
fructification of such a policy document will be possible only through the cohesive will of the people of all strata of
society.
• Problems of Small & Medium Newspapers (1996)
• A sub-committee of the members of the Council had been set up to go into the problems of small & medium
newspapers in the country. The sub-committee in its report to the Council, while identifying the problems
faced by the small and medium newspapers, made some concrete long-term/short term recommendations in
the matter…
(a) a Small and Medium Newspaper Development Corporation should be set up as an autonomous body with a view
to promote and ensure the development of small and medium papers or in the alternative they be encouraged to
form cooperative society;
(b) the government should devise a suitable advertisement policy in keeping with the guidelines framed by the Press
Council of India;
(c) the DAVP should display the list of those newspapers which are granted advertisements every quarter;
(d) all advertisement bills of the papers should be settled by the Directorate of Audio-Visual Publicity and
Directorate of Information and Public Relations within 45 days of the receipt thereof;
(e) while printing paper be brought within the purview of newsprint and a specific quantity thereof be earmarked for
small and medium newspapers;
(f) 75% advertisements like those of biogas chulha, which do not concern the urban areas, should be given to the
small and medium newspapers.
These recommendations which were twenty-two in all were unanimously adopted by the Press Council.
• PROTECTION OF CONFIDENTIAL SOURCES OF INFORMATION
• In Contempt of Court proceedings the press usually makes the plea that it should not be forced to disclose
Confidential source.
• "Such a plea for justification has been permitted on a limited basis. The Press’s right to hold on to its sources
of information has been balanced against other aspects of public interest. By way of tail piece, it has also
been added that the press often demands the right to break confidence more than they plead the right to hold
on to their own confidential sources. It is only fair that each claim should be balanced against other claims
without conceding total primacy to the press in respect of its investigative and truth verification functions".
(See Contempt of Court and the Press, page 173, prepared by Rajiv Dhawan and published under the joint auspices
of Indian Law Institute and the Press Council of India)
• In 1983, the Law Commission of India sent a questionnaire soliciting the views of the Press Council, inter
alia, regarding disclosure of source of information by a journalist acquired by him in confidence for the
purpose of his profession. In response to the Law Commission’s question on the subject, the Press Council
expressed as follows:
• "In the opinion of the Council, the provision contained in Section 15 (2) of the Press Council Act, 1978
incorporates the latest trend and principles on the subject. Although under the above Act it is confined only
to the proceedings under the Act it is strongly recommended that it should be made a part of the general law
of the land.“
 • "It is equally strongly felt that if any exception is to be made, it should be done in cases of extreme nature
where disclosure is altogether unavoidable in the interest of the administration of justice. But the powers to
order disclosure should be conferred only on competent court and that also in confidence to the presiding
officer in the first instance, who may then, if satisfied that it is germane to the decision of the case, take such
steps as may be necessary to make it a part of the evidence on record".
• The Law Commission of India submitted its 93rd Report to the Government of India on 10th August, 1983
recommending for insertion of Section 132A in the Indian Evidence Act, 1872, as under:
• "132A - No court shall require a person to disclose the source of information contained in a publication for
which he is responsibile, where such information has been obtained by him on the express agreement or
implied understanding that the source will be kept confidential".
• Explanation
(a) ‘publication’ means any speech, writing, broadcast or other communication in whatever form, which is
addressed to the public at large or any section of the public.
(b) ‘source’ means the person from whom, or the means through which, the information was obtained".
It seems that the Government of India has not taken any step to get this recommendation of the Law Commission,
implemented. The same can be said about the relatively moderate recommendations of the Press Commission/or of
the Press Council of India, on this subject.
• NORMS OF JOURNALISTIC CONDUCT
• Accuracy and Fairness
• The Press shall eschew publication of inaccurate, baseless, graceless, misleading or distorted material. All
sides of the core issue or subject should be reported. Unjustified rumours and surmises should not be set
forth as facts.
• Pre-publication Verification
• On receipt of a report or article of public interest and benefit containing imputations or comments against a
citizen, the editor should check with due care and attention its factual accuracy apart from other authentic
sources- with the person or the organisation concerned to elicit his/her or its version, comments or reaction
and publish the same alongside with due correction in the report where necessary. In the event of lack or
absence of response, a footnote to that effect may be appended to the report.
• Publication of news such as those pertaining to cancellation of examinations or withdrawal of candidates
from election should be avoided without proper verification and cross checking.
• A document, which forms a basis of a news report, should be preserved at least for six months.
• Caution against defamatory writings
• i) Newspaper should not publish anything which is manifestly defamatory or libellous against any
individual/organisation unless after due care and verification, there is sufficient reason/evidence to believe
that it is true and its publication will be for public good.
• ii) Truth is no defence for publishing derogatory, scurrilous and defamatory material against a private citizen
where no public interest is involved.
• iii) No personal remarks which may be considered or construed to be derogatory in nature against a dead
person should be published except in rare cases of public interest, as the dead person cannot possibly
contradict or deny those remarks.
• iv) The Press has a duty, discretion and right to serve the public interest by drawing reader's attention to
citizens of doubtful antecedents and of questionable character but as responsible journalists they should
observe due restraint and caution in hazarding their own opinion or conclusion in branding these persons as
'cheats' or 'killers' etc. The cardinal principle being that the guilt of a person should be established by proof
of facts alleged and not by proof of the bad character of the accused. In the zest to expose, the Press should
not exceed the limits of ethical caution and fair comment.
• v) The Press shall not rely on objectionable past behaviour of a citizen to provide the background for
adverse comments with reference to fresh action of that person. If public good requires such reference, the
Press should make pre-publication inquiries from the authorities concerned about the follow up action, if
any, in regard to earlier adverse actions.
• vi) Where the impugned publication is manifestly injurious to the reputation of the complainant, the onus
shall be on the respondent to show that it was true or to establish that it constituted fair comment made in
good faith and for public good.
• (vii) Newspapers cannot claim privilege or licence to malign a person or body claiming special protection
or immunity on the plea of having published the item as a satire under special columns such as ‘gossip’,
‘parody’, etc.
• (viii) Publication of defamatory news by one paper does not give licence to others to publish news/
information reproducing or repeating the same.
 • (ix) Insertion of out -of -context, uncalled for and irrelevant statements likely to malign a person or an
organisation must be eschewed.
• (x) Freedom of Press does not give licence to a newspaper to malign a political leader or mar his future
political prospects by publishing fake and defamatory writings.
• (xi) Locus Standi
• In cases involving personal allegations /criticism, only the concerned person enjoying the locus standi can
move the plaint or claim right to reply.
• However a representative organisation of persons attached to an organisation or a sect / group has the locus
standi to move complaints against a publication directly criticising the conduct of a leader.
• xii Public Interest and Public Bodies
As a custodian of public interest, the Press has a right to highlight cases of corruption and irregularities in public
bodies but such material should be based on irrefutable evidence and published after due inquiries and verification
from the concerned source and after obtaining the version of the person/authority being commented upon.
Newspapers should refrain from barbed, stinging and pungent language and ironical /satirical style of comment.
• Parameters of the right of the Press to comment on the acts and conduct of public officials
• i) So far as the government, local authority and other organs/institutions exercising governmental power are
concerned, they cannot bring charge of defamation for reports critical of their acts and conduct relevant to
the discharge of their official duties unless the official establishes that the publication was made with
reckless disregard for the truth. However, judiciary, which is protected by the power to punish for contempt
of court, and the Parliament and Legislatures, protected as their privileges are by Articles 105 and 194
respectively of the Constitution of India, represent exception to this rule.
• ii) The central and local bodies are not entitled to bring a civil or criminal action for defamation in respect of
article/report criticising their functioning.
• iii) Publication of news or comments/information on public officials conducting investigations should not
have a tendency to help the commission of offences or to impede the prevention or detection of offences or
prosecution of the guilty. The investigative agency is also under a corresponding obligation not to leak out
or disclose such information or indulge in misinformation.
• iv) The Official Secrets Act, 1923 or any other similar enactment or provision having the force of law
equally bind the press or media though there is no law empowering the state or its officials to prohibit, or to
impose a prior restraint upon the Press/media.
• v) Those who hold public office and by their own conduct give scope for criticising them, cannot be heard
to complain against such criticism.
• Criticism of Public Figures/Music Reviews
• An actor or singer who appears on a public stage submits his performance to the judgement of public and as
such the critics’ comments having proximate nexus with the merits of artists performance can not be held to
be defamatory. However, the critics should refrain from writing anything, which could, be construed as
remotely casting cloud on the artist’s personal credibility.
• Right to Privacy
• The Press shall not intrude or invade the privacy of an individual, unless outweighed by genuine overriding
public interest, not being a prurient or morbid curiosity. So, however, that once a matter becomes a matter of
public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by the
Press and the media, among others.
• Explanation: Things concerning a person's home, family, religion, health, sexuality, personal life and private
affairs are covered by the concept of PRIVACY excepting where any of these impinges upon the public or
public interest.
• Caution against Identification: While reporting crime involving rape, abduction or kidnap of
women/females or sexual assault on children, or raising doubts and questions touching the chastity, personal
character and privacy of women, the names, photographs of the victims or other particulars leading to their
identity shall not be published.
• Minor children and infants who are the offspring of sexual abuse or 'forcible marriage' or illicit sexual union
shall not be identified or photographed.
• Privacy of Public figures
• Right to Privacy is an inviolable human right. However, the degree of privacy differs from person to person
and from situation to situation. The public person who functions under public gaze as an
emissary/representative of the public cannot expect to be afforded the same degree of privacy as a private
person. His acts and conduct as are of public interest (‘public interest’ being distinct and separate from ‘of
interest to public’) even if conducted in private may be brought to public knowledge through the medium of
the press.
 • The press has however, a corresponding duty to ensure that the information about such acts and conduct of
public interest of the public person is obtained through fair means, is properly verified and then reported
accurately. For obtaining information in respect of acts done or conducted away from public gaze, the press
is not expected to use surveillance devices. For obtaining information about private talks and discussion
while the press is expected not to badger the public persons, the public persons are also expected to bring
more openness in their functioning and co-operate with the press in its duty of informing the public about
the acts of their representatives.
• The interviews/articles or arguments pertaining to public persons which border on events that are in public
knowledge, if reported correctly, cannot be termed as intrusion into private life. There is a very thin line
between public and private life and public persons should not to be too skinned to criticism.
• Newspapers are allowed latitude in criticising persons who are in seats of power because their conduct
discloses public interest provided their criticism is not motivated to gratify private spite of opponent/rival
of public figure.
• iv) The Official Secrets Act, 1923 or any other similar enactment or provision having the force of law
equally bind the press or media though there is no law empowering the state or its officials to prohibit, or to
impose a prior restraint upon the Press/media.
• v) Those who hold public office and by their own conduct give scope for criticising them, cannot be heard
to complain against such criticism.
• Recording interviews and phone conversation
• i) The Press shall not tape-record anyone's conversation without that person's knowledge or consent, except
where the recording is necessary to protect the journalist in a legal action, or for other compelling good
reason.
• ii) The Press shall, prior to publication, delete offensive epithets used by a person whose statements are
being reported.
• iii) Intrusion through photography into moments of personal grief shall be avoided. However, photography
of victims of accidents or natural calamity may be in larger public interest.
• Conjecture, comment and fact
• i) Newspaper should not pass on or elevate conjecture, speculation or comment as a statement of fact.
All these categories should be distinctly identified.
• ii) Cartoons and caricatures depicting good humour are to be placed in a special category of news that
enjoy more liberal attitude.
• Newspapers to eschew suggestive guilt
• i) Newspapers should eschew suggestive guilt by association. They should not name or identify the family
or relatives or associates of a person convicted or accused of a crime, when they are totally innocent and a
reference to them is not relevant to the matter being reported.
• ii ) It is contrary to the norms of journalism for a paper to identify itself with and project or promote the
case of any one party in the case of any controversy/dispute.
• Reporting-Proceedings of Legislature
• The newspapers have a duty to report faithfully the proceedings of either House of Parliament,
Legislative Assembly and in this regard the newspapers shall not be liable for any proceedings civil or
criminal in any court unless it is proved that reporting has been made with malice. However, the
newspapers should not publish any report based on proceedings of a sitting of either House of Parliament or
Legislative Assembly or as the case may be either House of the Legislature of a State, which is not open to
the media.
• Caution in criticising judicial acts
i) Excepting where the court sits 'in-camera' or directs otherwise, it is open to a newspaper to report pending judicial
proceedings, in a fair, accurate and reasonable manner. But it shall not publish anything :-
• which, in its direct and immediate effect, creates a substantial risk of obstructing, impeding or prejudicing
seriously the due administration of justice; or
• -is in the nature of a running commentary or debate, or records the paper's own findings conjectures,
reflection or comments on issues, sub judice and which may amount to abrogation to the newspaper the
functions of the court; or
• -regarding the personal character of the accused standing trial on a charge of committing a crime.
ii) Newspaper shall not as a matter of caution, publish or comment on evidence collected as a result of investigative
journalism, when, after the accused is arrested and charged, the court becomes seized of the case: Nor should they
reveal, comment upon or evaluate a confession allegedly made by the accused.
iii) While newspapers may, in the public interest, make reasonable criticism of a judicial act or the judgement of a
court for public good; they shall not cast scurrilous aspersions on, or impute improper motives, or personal bias to
the judge. Nor shall they scandalise the court or the judiciary as a whole, or make personal allegations of lack of
ability or integrity against a judge.
iv) Newspaper shall, as a matter of caution, avoid unfair and unwarranted criticism which, by innuendo, attributes
to a judge extraneous consideration for performing an act in due course of his/her judicial functions, even if such
criticism does not strictly amount to criminal Contempt of Court.
• Reporting News pertaining to Court Proceedings
• Before publishing a news item about court proceedings, it will be appropriate for the correspondent and
editor to ascertain its genuineness and, correctness and authenticity from the records so that the concerned
person can be held guilty and accountable for furnishing incorrect facts or wrong information about the court
proceedings.
• Corrections
• When any factual error or mistake is detected or confirmed, the newspaper should suo-motu publish the
correction promptly with due prominence and with apology or expression of regrets in a case of serious
lapse.
• Right of Reply
• i) The newspaper should promptly and with due prominence, publish either in full or with due editing, free
of cost, at the instance of the person affected or feeling aggrieved/or concerned by the impugned publication,
a contradiction/reply/ clarification or rejoinder sent to the editor in the form of a letter or note. If the editor
doubts the truth or factual accuracy of the contradiction/reply/clarification or rejoinder, he shall be at liberty
to add separately at the end, a brief editorial comment doubting its veracity, but only when this doubt is
reasonably founded on unimpeachable documentary or other evidential material in his/her possession. This
is a concession which has to be availed of sparingly with due discretion and caution in appropriate cases.
• ii) However, where the reply/contradiction or rejoinder is being published in compliance with the directions
of the Press Council, it is permissible to append a brief editorial note to that effect.
• iii) Right of rejoinder cannot be claimed through the medium of Press Conference, as publication/coverage
of a news of a conference is within the discretionary powers of an editor.
• iv) Freedom of the Press involves the readers' right to know all sides of an issue of public interest. An
editor, therefore, shall not refuse to publish the reply or rejoinder merely on the ground that in his opinion
the story published in the newspaper was true. That is an issue to be left to the judgement of the readers. It
also does not behove an editor to show contempt towards a reader.
• Letters to editor
• i) An editor who decides to open his columns for letters on a controversial subject, is not obliged to publish
all the letters received in regard to that subject. He is entitled to select and publish only some of them either
in entirety or the gist thereof. However, in exercising this discretion, he must make an honest endeavour to
ensure that what is published is not one-sided but represents a fair balance between the views for and against
with respect to the principal issue in controversy.
• ii) In the event of rejoinder upon rejoinder being sent by two parties on a controversial subject, the editor has
the discretion to decide at which stage to close the continuing column.
• Editors’ Discretion
• i) In the matter of writing an editorial , the editor enjoys a good deal of latitude and discretion. It is for him
to choose the subject and it is also for him to use such language as he considers appropriate, provided that in
writing the editorial he doesn't transgress the law and violate the norms of journalism and editorial
comments published in the newspaper should be couched in sober and dignified language.
• ii) Selection of the material for publication as reports/articles/letter is within the discretion of an editor,
therefore it is his duty to see that on a controversial issue of public interest, all views are given equal
prominence so that the people can form their independent opinion in the matter.
• iii) The editor should not publish the news report/article if his mind is in doubt about the truth of the news
report/article. If the veracity of any part of the news report/article is in doubt, that portion should be
omitted and rest be published provided the editor is satisfied that the remainder is substantially true and its
publication will be for public benefit.
• Obscenity and vulgarity to be eschewed
• i) Newspapers/journalists shall not publish anything which is obscene, vulgar or offensive to public good
taste.
• ii) Newspapers shall not display advertisements which are vulgar or which, through depiction of a woman
in nude or lewd posture, provoke lecherous attention of males as if she herself was a commercial commodity
for sale.
• iii ) Whether a picture is obscene or not, is to be judged in relation to three tests; namely
a) Is it vulgar and indecent?
b) Is it a piece of mere pornography?
c) Is its publication meant merely to make money by titillating the sex feelings of adolescents and among whom it is
intended to circulate? In other words, does it constitute an unwholesome exploitation for commercial gain.
Other relevant considerations are whether the picture is relevant to the subject matter of the magazine. That is to
say, whether its publication serves any preponderating social or public purpose, in relation to art, painting,
medicine, research or reform of sex.
• iv) The globalisation and liberalisation does not give licence to the media to misuse freedom of the press and
to lower the values of the society. The media performs a distinct role and public purpose which require it to
rise above commercial consideration guiding other industries and businesses. So far as that role is
concerned, one of the duties of the media is to preserve and promote our cultural heritage and social values.
• v) Columns such as ‘Very Personal’ in a newspaper replying to personal queries of the readers must not
become grossly offensive presentations, which either outrage public decency or corrupt public moral.
• Glorification/encouragement of social evils to be eschewed
• Newspapers shall not allow their columns to be misused for writings which have a tendency to encourage or
glorify social evils like Sati Pratha or ostentatious celebrations.
• Reporting on natural calamities
• Facts and data relating to spread of epidemics or natural calamities shall be checked up thoroughly from
authentic sources and then published with due restraint in a manner bereft of sensationalism, exaggeration,
surmises or unverified facts.
• Violence not to be glorified
• i) Photo Coverage on Terrorist Attack, Communal Clashes and Accidents - While reporting news with
regard to terrorist attacks or communal riots, the media should refrain from publishing/telecasting pictures of
mangled corpses or any other photographic coverage which may create terror, or revulsion or ignite
communal passion among people.
• ii) Newspapers/journalists shall avoid presenting acts of violence, armed robberies and terrorist activities in
a manner that glorifies the perpetrators on their acts, declarations or death in the eyes of the public.
Publication of interviews of anti-social elements by the newspapers glorifying the criminals and their
activities with the resultant effects are to be avoided.
• Covering communal disputes/clashes
• i) News, views or comments relating to communal or religious disputes/clashes shall be published after
proper verification of facts and presented with due caution and restraint in a manner which is conducive to
the creation of an atmosphere congenial to communal harmony, amity and peace. Sensational, provocative
and alarming headlines are to be avoided. Acts of communal violence or vandalism shall be reported in a
manner as may not undermine the people's confidence in the law and order machinery of the State. Giving
community-wise figures of the victims of communal riot, or writing about the incident in a style which is
likely to inflame passions, aggravate the tension, or accentuate the strained relations between the
communities/religious groups concerned, or which has a potential to exacerbate the trouble, shall be
avoided.
• ii) Journalists and columnists owe a very special responsibility to their country in promoting communal
peace and amity. Their writings are not a mere reflection of their own feelings but help to large extent in
moulding the feelings and sentiments of the society at large. It is, therefore, of utmost importance that they
use their pen with circumspection and restrain.
• iii) The role of media in such situations (Gujarat Carnage/Crisis) is to be peacemakers and not abettors, to be
troubleshooters and not troublemakers. Let the media play their noble role of promoting peace and harmony
among the people in the present crisis in Gujarat. Any trend to disrupt the same either directly or indirectly
would be an anti-national act. There is a greater moral responsibility on the media to do their best to build
up the national solidarity and to strengthen communal harmony at all levels remembering the noble role they
had played during the pre-independence days.
• iv) The media, as a chronicle of tomorrow’s history, owes an undeniable duty to the future to record events
as simple untailored facts. The analysis of the events and opinion thereon are a different genre altogether.
The treatment of the two also thus has necessarily to be different. In times of crisis, facts unadorned and
simply put, with due care and restraint, cannot be reasonably objected to in a democracy. However, a heavy
responsibility devolves on the author of opinion articles. The author has to ensure that not only are his or
her analysis free from any personal preferences, prejudices or notions, but also they are based on verified,
accurate and established facts and do not tend to foment disharmony or enmity between castes, communities
and races.
• Headings not to be sensational/provocative and must justify the matter printed under them
i) In general and particularly in the context of communal disputes or clashes
 • a. Provocative and sensational headlines are to be avoided;
• b. Headings must reflect and justify the matter printed under them;
• c. Headings containing allegations made in statements should either identify the body or the source making
it or at least carry quotation marks.
• Caste, religion or community references
• i) In general, the caste identification of a person or a particular class should be avoided, particularly when in
the context it conveys a sense or attributes a conduct or practice derogatory to that caste.
• ii) Newspapers are advised against the use of word 'Scheduled Caste' or 'Harijan' which has been objected to
by some.
• iii) An accused or a victim shall not be described by his caste or community when the same does not have
anything to do with the offence or the crime and plays no part either in the identification of any accused or
proceeding, if there be any.
• v) Commercial exploitation of the name of prophets, seers or deities is repugnant to journalistic ethics and
good taste.
• vi) It is the duty of the newspaper to ensure that the tone, spirit and language of a write up is not
objectionable, provocative, against the unity and integrity of the country, spirit of the constitution seditious
and inflammatory in nature or designed to promote communal disharmony. It should also not attempt to
promote balkanisation of the country.
• vii) One of the jobs of the journalists is also to bring forth to the public notice the plight of the weaker
sections of society. They are the watchdogs on behalf of the society of its weaker sections.
• Paramount national interest
• i) Newspapers shall, as a matter of self-regulation, exercise due restraint and caution in presenting any news,
comment or information which is likely to jeopardise, endanger or harm the paramount interests of the State
and society, or the rights of individuals with respect to which reasonable restrictions may be imposed by law
on the right to freedom of speech and expression under clause (2) of Article 19 of the Constitution of India.
• ii) Publication of wrong/incorrect map is a very serious offence. It adversely affects the territorial integrity
of the country and warrants prompt and prominent retraction with regrets.
• Foreign Relations
• Media plays a very important role in moulding public opinion and developing better understanding between
countries. Objective reporting so as not to jeopardise friendly bilateral relations is therefore desirable.
• Newspapers may expose misuse of diplomatic immunity
• The media shall make every possible effort to build bridges of co-operation, friendly relations and better
understanding between India and foreign States. At the same time, it is the duty of a newspaper to expose
any misuse or undue advantage of the diplomatic immunities.
• Investigative journalism, its norms and parameters
• Investigative reporting has three basic elements.
a. It has to be the work of the reporter, not of others he is reporting;
b. The subject should be of public importance for the reader to know;
c. An attempt is being made to hide the truth from the people.
• The first norm follows as a necessary corollary from
• (a) That the investigative reporter should, as a rule, base his story on facts investigated, detected and verified
by himself and not on hearsay or on derivative evidence collected by a third party, not checked up from
direct, authentic sources by the reporter himself.
• (b) There being a conflict between the factors which require openness and those which necessitate secrecy,
the investigative journalist should strike and maintain in his report a proper balance between openness on the
one hand and secrecy on the other, placing the public good above everything.
• (c) The investigative journalist should resist the temptation of quickies or quick gains conjured up from half-
baked incomplete, doubtful facts, not fully checked up and verified from authentic sources by the reporter
himself.
• (d) Imaginary facts, or ferreting out or conjecturing the non-existent should be scrupulously avoided. Facts,
facts and yet more facts are vital and they should be checked and cross-checked whenever possible until the
moment the paper goes to Press.
• (e) The newspaper must adopt strict standards of fairness and accuracy of facts. Findings should be
presented in an objective manner, without exaggerating or distorting, that would stand up in a court of law,
if necessary.
• (f) The reporter must not approach the matter or the issue under investigation, in a manner as though he
were the prosecutor or counsel for the prosecution. The reporter's approach should be fair, accurate and
balanced. All facts properly checked up, both for and against the core issues, should be distinctly and
 separately stated, free from any one-sided inferences or unfair comments. The tone and tenor of the report
and its language should be sober, decent and dignified, and not needlessly offensive, barbed, derisive or
castigatory, particularly while commenting on the version of the person whose alleged activity or
misconduct is being investigated. Nor should the investigative reporter conduct the proceedings and
pronounce his verdict of guilt or innocence against the person whose alleged criminal acts and conduct were
investigated, in a manner as if he were a court trying the accused.
• (g) In all proceedings including the investigation, presentation and publication of the report, the investigative
journalist newspaper should be guided by the paramount principle of criminal jurisprudence, that a person is
innocent unless the offence alleged against him is proved beyond doubt by independent, reliable evidence.
• (h) The private life, even of a public figure, is his own. Exposition or invasion of his personal privacy or
private life is not permissible unless there is clear evidence that the wrong doings in question have a
reasonable nexus with the misuse of his public position or power and has an adverse impact on public
interest.
• (i) Though the legal provisions of Criminal Procedure do not in terms, apply to investigating proceedings by
a journalist, the fundamental principles underlying them can be adopted as a guide on grounds of equity,
ethics and good conscience.
• Confidence to be respected
• If information is received from a confidential source, the confidence should be respected. The journalist
cannot be compelled by the Press Council to disclose such source; but it shall not be regarded as a breach of
journalistic ethics if the source is voluntarily disclosed in proceedings before the Council by the journalist
who considers it necessary to repel effectively a charge against him/her.
• This rule requiring a newspaper not to publish matters disclosed to it in confidence, is not applicable where:
• (a) consent of the source is subsequently obtained; or
• (b) the editor clarifies by way of an appropriate footnote that since the publication of certain matters were in
the public interest, the information in question was being published although it had been made 'off the
record'.
• Newspapers to avoid crass commercialism
• i) While newspapers are entitled to ensure, improve or strengthen their financial viability by all legitimate
means, the Press shall not engage in crass commercialism or unseemly cut-throat commercial competition
with their rivals in a manner repugnant to high professional standards and good taste.
• ii) Predatory price wars/trade competition among newspapers, laced with tones disparaging the products of
each other, initiated and carried on in print, assume the colour of unfair 'trade’ practice, repugnant to
journalistic ethics. The question as when it assumes such an unethical character, is one of the fact depending
on the circumstances of each case.
• iii) The practice of taking security deposit by an editor from the journalists at the time of their appointment
is unethical.
• Fraudulent activities
• Defrauding the public by closing down a publication subsequent to collection of subscription is unethical on
the part of management of the newspaper/periodical/magazine. If the closure is inevitable, the subscription
amount due should be returned to the subscribers.
• Professional misconduct
• Blackmailing or extortion of money from people under threat of maligning them through the columns of
newspaper amounts to gross violation of journalistic norms.
• Professional rivalry
• Newspaper columns should not be misused by rival newspapers to gratify their private spite against each
other out of commercial rivalry.
• Plagiarism
• i) Using or passing off the writings or ideas of another as one’s own, without crediting the source, is an
offence against ethics of journalism.
• ii) Violation of copyright also constitutes violation of journalistic norms.
• Unauthorised lifting of news
• i) The practice of lifting news from other newspapers publishing them subsequently as their own, ill-
comports the high standards of journalism. To remove its unethicality the 'lifting' newspaper must duly
acknowledge the source of the report.
• ii) The position of features articles is different from 'news': Feature articles shall not be lifted without
permission/ proper acknowledgement.
• Illegal reproduction
• The Press shall not reproduce in any form offending portions or excerpts from a proscribed book.
 • Non-return of unsolicited material
• i) A paper is not bound to return unsolicited material sent for consideration of publication. However, when
the same is accompanied by stamped envelope, the paper should make all efforts to return it.
• ii) Whenever articles from the contributors are published free of remuneration, there must be an agreement
not to pay and the newspaper should follow this practice as a rule.
• Advertisements
i) Commercial advertisements are information as much as social, economic or political information. What is more,
advertisements shape attitude and ways of life at least as much, as other kinds of information and comment.
Journalistic propriety demands that advertisements must be clearly distinguishable from news content carried in the
newspaper.
ii) Newspaper should not publish Liquor & Tobacco Advertisements
No advertisement shall be published, which promotes directly or indirectly production, sale or consumption of
cigarettes, tobacco products, wine, alcohol, liquor and other intoxicants.
iii) Newspaper shall not publish advertisements, which have a tendency to malign or hurt the religious sentiments of
any community or section of society.
iv) Advertisements which offend the provisions of the Drugs and Magical Remedies (Objectionable Advertisement)
Act, 1954, or any other statute should be rejected.
v) Newspapers should not publish an advertisement containing anything which is unlawful or illegal, or is contrary
to public decency, good taste or to journalistic ethics or propriety.
vi) Journalistic propriety demands that advertisements must be clearly distinguishable from editorial matter carried
in the newspaper. Newspapers while publishing advertisements should specify the amount received by them. The
rationale behind this is that advertisements should be charged at rates usually chargeable by a newspaper since
payment of more than the normal rates would amount to a subsidy to the paper.
• vii) Publication of dummy or lifted advertisements that have neither been paid for, nor authorised by the
advertisers, constitute breach of journalistic ethics specially when the paper raises a bill in respect of such
advertisements.
• viii) Deliberate failure to publish an advertisement in all the copies of a newspaper offends against the
standards of journalistic ethics and constitutes gross professional misconduct.
• ix) There should be total co-ordination and communication between the advertisement department and the
editorial department of a newspaper in the matter of considering the legality propriety or otherwise of an
advertisement received for publication.
• x) The editors should insist on their right to have the final say in the acceptance or rejection of
advertisements, specially those which border on or cross the line between decency and obscenity.
• xi) Newspapers to carry caution notice with matrimonial advertisements carrying following text *
• “Readers are advised to make appropriate thorough inquiries before acting upon any advertisement. This
newspaper does not vouch or subscribe to claim and representation made by the advertiser regarding the
particulars of status, age, income of the bride/bridegroom”.
• xii) An editor shall be responsible for all matters, including advertisements published in the newspaper. If
responsibility is disclaimed, this shall be explicitly stated beforehand.
• xiii) Tele-friendship advertisements carried by newspapers across the country inviting general public to dial
the given number for ‘entertaining’ talk and offering suggestive tele-talk tend to pollute adolescent minds
and promote immoral cultural ethos. The Press should refuse to accept such advertisements.
• xiv) Classified advertisements of health and physical fitness services using undignified languages,
indicative of covert soliciting, are violative of law as well as ethics. The newspaper should adopt a
mechanism for vetting such an advertisement to ensure that the soliciting advertisements are not carried.
• xv) Advertisements of contraceptive and supply of brand item attaching to the advertisement is not very
ethical, given the social milieu and the traditional values held dear in our country. A newspaper has a sacred
duty to educate people about precautionary measures to avoid AIDS and exhibit greater far sight in
accepting advertisement even though issued by social welfare organisation.
• Management-Editor Relationship
• i) There is a well-recognised distinction between the editor and the journalists on the one hand and the
Manager, the Executive or the Administrator on the other, whatever the nomenclature that they may carry in
a particular newspaper establishment. The duties and responsibilities of the editor and the management
differ and whatever the co-ordination may be required to efficiently manage the establishment to bring out
the journal, the functions of the two are separate and have to kept as such.
• Once the owner lays down the policy of the newspaper for general guidance, neither he nor anybody on his
behalf can interfere with the day to day functioning of the editor and the journalistic staff working under
him.
 • It is well established that the freedom of the press is essentially the freedom of the people to be informed
accurately and adequately on all issues, problems, events and developments. In discharge of the editorial
functions the editor is supreme and superior even to the owner.
• The independence of the newspaper, is essentially the independence of the editor from all internal and
external restrictions. Unless the editor enjoys this freedom he will be unable to discharge his primary duty
which is to the people and without such freedom, he can be held responsible in law for all that appears in the
newspaper.
• In the running of the newspaper, the managerial, administrative or business side of the newspaper has to be
kept independent of its editorial side and should not be allowed to encroach upon or interfere with the
editorial section. This precaution is to be taken even when the owner and the editor is the same. The
proprietor must not allow his business interests and considerations to either dominate or interfere with the
newspapers obligation to the people.
• That is why there is also an obligation on the management to select a person as the editor who is competent
and bears integrity of character and independence of mind.
• The successful working of any arrangement in the ultimate analysis would depend on mutual understanding,
cooperation and goodwill between the management, the editor, editorial journalist staff and all those who are
faithfully working in the production of a paper.
• If the co-ordination between the different departments including the editorial is effected by the Brand
Management without in any way interfering with the freedom of the editor to include or exclude news or
views, the length or details as well as their language and the place where they are to be published, and the
prominence with which they should appear, there may not be much grievance that such co-ordination is in
violation of the freedom of the editor. However, if the choice of the editor with regard to selection of
material in any manner is sought to be interfered with, it is undoubtedly an unwarranted encroachment on
the said freedom.
• (ii) The editor under no circumstances can be asked by the proprietor to serve his private interests. To
require an editor to cater to the personal interests of the proprietor is not only to demean the office of the
editor but also to encroach upon his status as a trustee of the society in respect of the contents of the
newspaper. In any country which swears by the freedom and the independence of the press, an attempt by
any proprietor of a newspaper to use his editor as his personal agent to promote his private interests and to
compel him to act and to write, to serve them is both offensive and reprehensive. Any editor or for that
matter any journalist who accepts or condescends to do such jobs not only degrades himself but also the
profession of journalism and does not deserve the calling. He betrays the trust the society keeps in him for
furnishing fair, objective and comprehensive news and views.
• Norms for observance by the Press in the wake of communal disturbances 1969
Without attempting to be exhaustive, the Council considers the following as offending against journalistic
proprieties and ethics:
• [Link] or exaggeration of facts or incidents in relation to communal matters or giving currency to
unverified rumours, suspicions or inferences as if they were facts and base their comments on them.
• [Link] of intemperate or unrestrained language in the presentation of news or views, even as a piece
of literary flourish or for the purpose of rhetoric or emphasis.
• 3. Encouraging or condoning violence even in the face of provocation as a means of obtaining redress of
grievances whether the same be genuine or not.
• 4. While it is the legitimate function of the Press to draw attention to the genuine and legitimate grievances
of any community with a view to having the same redressed by all peaceful, legal and legitimate means, it is
improper and a breach of journalistic ethics to invent grievances, or to exaggerate real grievances, as these
tend to promote communal ill-feeling and accentuate discord.
• 5. Scurrilous and untrue attacks on communities, or individuals, particularly when this is accompanied by
charges attributing misconduct to them as due to their being members of a particular community or caste.
• 6. Falsely giving a communal colour to incidents which might occur in which members of different
communities happen to be involved.
• 7. Emphasising matters that are not to produce communal hatred or ill-will, or fostering feelings of distrust
between communities.
• 8. Publishing alarming news which are in substance untrue or make provocative comments on such news or
even otherwise calculated to embitter relations between different communities or regional or linguistic
groups.
• 9. Exaggerating actual happenings to achieve sensationalism and publication of news which adversely
affect communal harmony with banner headlines or in distinctive types.
 • 10. Making disrespectful, derogatory or insulting remarks on or reference to the different religions or faiths
or their founders.

Guidelines Issued by the Press Council for Observance by the State Governments and the Media in Relation
to Communal Disturbances 1991
• i. The State Government should take upon themselves the responsibility of keeping a close watch on the
communal writings that might spark off tension, destruction and death, and bring them to the notice of the
Council;
• ii. The Government may have occasion to take action against erring papers or editors. But it must do so
within the bounds of law. If newsmen are arrested, or search and seizure operations become necessary, it
would be healthy convention if such developments could be reported to the Press Council within 24 to 48
hours followed by a detailed note within a week;
• iii. Under no circumstances must the authorities resort to vindictive measures like cut in advertisements,
cancellation of accreditation, cut in newsprint quota and other facilities;
• iv. Provocative and sensational headlines should be avoided by the Press;
• v. Headings must reflect and justify the master primed under them;
• vi. Figures of casualties given in headlines should preferably be on the lower side in case or doubt about
their exactness and where the numbers reported by various sources differ widely;
• vii. Headings containing allegations made in statements should either identify the person/body making the
allegation or, at least, should carry quotation marks;
• viii. News reports should be devoid of comments and value judgement;
• ix. Presentation of news should not be motivated or guided by partisan feelings, nor should it appear to be
so;
• x. Language employed in writing the news should be temperate and such as may foster feelings or amity
among communities and groups;
• xi. Corrections should be promptly published with due prominence and regrets expressed in serious cases;
and
• xii. It will help a great deal if in-service training is given to journalists for inculcation of all these principles.
• Coverage of Handouts of Militants/Terrorists-Guiding Principles 1991-1992
• Arising out of a complaint against publication of some ULFA handouts/threat notes by a newspaper of
Assam, the Press Council has enunciated some general principles for the guidance of the press. These are in
tune with the recommendations of the Press Council of India Report on Punjab and Jammu & Kashmir,
adopted by the Press Council in January, 1991.
• These guiding principles considered by the Council in September 1992, are as follows:
• Dictates or "Press Notes" commanding newspapers to publish them, under duress or threats of dire
consequence, emanating from elements wedded to violence, constitute "the gravest assault on the freedom of
the Press which is one of the surest guarantors of a democratic and plural society". Generally, such dictates
or Notes are not newsworthy per se. Their publication tends to demoralise the public and to affect adversely
public, police and security. The publication not only compromises the freedom and independence of the
newspaper concerned, but also constitutes an offence against the standards of journalistic ethics and
professional responsibility.
• This is not to say that if there is anything newsworthy in a "'Press Note" emanating from any source, it
should be blacked-out altogether, because 'self-censorship' may be "no less dangerous for being insidious".
The essential point is that editors must exercise due caution and circumspection in considering the
dissemination of such Press Notes. If the whole of the Note is not pernicious, then it may be edited, its
objectionable portions removed and language toned down so that whatever is true newsworthy gets
disseminated in a balanced manner. However, where the "news" and the objectionable portions are
inextricably mixed up, violating the entire warp and woof of the "Press Note", it will be prudent to withhold
its publication altogether.
• This is not an easy way out, as the media's experience of militancy in Punjab has amply demonstrated. More
than 50 media personnel have lost their lives in terrorist attacks and ignoring a militant press note can lead
and has often led, to death of innocent and defenceless media persons. Any show of editorial defence and
courage is likely to be seen by defenceless employees of newspapers as exposing them to avoidable dangers.
Editors and proprietors under these circumstances have little room for manoeuvres.
• A workable expedient that proved useful in Punjab, is for the government to be in close touch with
newspapers so that objectionable and anti-national press notes from groups swearing by violence could be
removed from newspapers before publication. Even though this may be seen as a form of pre-censorship,
this arrangement saved lives and spared newspapers from difficult and delicate choices.
• There is however a danger of a wilful administration using this process to muzzle the press and misuse its
authority under the law to define "objectionable material" on its own terms. Strict procedures must therefore
be laid down. Orders passed under any legislation in this regard from time to time in relation to publication
of allegedly "objectionable matter" should be subjected to some kind of appellate review so as to curb any
propensity to arbitrary action. The principal legislation and rules made thereunder should also be
periodically reviewed in the light of changing circumstances. These safeguards should be built into all such
press legislation.
• Complaints Procedure
• A person with a complaint against a newspaper, for any publication, or non-publication of a material, which
he finds objectionable and which effects him personally, he should first take it up with the editor or other
authorised representative of the publication concerned.
• If the complaint is not resolved to satisfaction, he may refer it to the Press Council of India. The complaint
must be specific and in writing and should be lodged within two months of the publication of impugned
news item in case of dailies and weeklies and four months in all other cases, along with the
original/Photostat copy of the impugned clipping (English translation, if the matter is in a language other
than Hindi). It must state in what manner the publication/non publication of the matter is objectionable
within the meaning of the Press Council Act, 1978 enclose a copy of the letter to the editor, pointing out
why the matter is objectionable. His reply thereto or published rejoinder, if any, may also be attached to
it. Declaration stating that the subject matter of the complainant is not pending in any court of law is also
required to be filed.
• On receipt of a complaint made to it or otherwise, if the Council is prima facie satisfied that the matter
discloses sufficient ground for inquiry, it issues show cause notice to the respondents and then considers the
matter through its Inquiry Committee on the basis of written and oral evidence tendered before it.
Appearance before the committee is not mandatory and a complaint may be processed on the basis of the
written documents on record. If on inquiry, the Council has reason to believe that the respondent newspaper
has violated journalistic norms, the Council, keeping in view the gravity of the misconduct committed by the
newspaper, warns, admonishes or censures the newspaper or disapproves the conduct of the editor or the
journalist as the case may be. It may also direct the respondent newspaper to publish the contradiction of the
complainant or a gist of the Council’s decision in its forthcoming issue.
• If a newspaper or journalist is aggrieved by any action or inaction of any authority that may impinge on the
freedom of the press, he can also file a complaint with the Council. The aggrieved newspaper or journalist
may inform the Council about the possible reason for the action/inaction of the authorities against him i.e. if
it is a reprisal measure taken by the authorities due to critical writings or as a result of the policy that may
effect the freedom of the press (supporting documents, with English translation if they are in a language
other than Hindi should be filed). Declaration regarding the non pendency of the subject matter of the
complaint in any court of law is also necessary.
• On being prima-facie satisfied of the admissibility of a complaint, the response of the authorities is called
for and inquiry conducted through the inquiry committee of the Council. When the Council upholds the
complaint of the aggrieved newspaper/journalist, the Council directs the concerned government to take
appropriate steps, to redress the grievance of the complainant or records in observations regarding the
conduct of that authority vis-à-vis the freedom of the press.
• Civil Defence Act, 1968
• The Civil Defence Act was passed in 1968, to take the place, as a permanent Act, of the Defence of India
Act, 1962, upon its expiry.
• It was passed to safeguard life and property from attack during any external aggression not amounting to
actual combat or internal disturbance.
• It empowered the Central Government to make rules in regard to a number of matters, in the same manner as
the Defence of India Act.
• Civil Defence
• It includes any measures, not amounting to actual combat, for affording protection to any person, property,
place or thing in India or any part of the territory thereof against any hostile attack, whether from air, land,
sea or other places, or, for depriving any such attack of the whole or part of its effect, whether such
measures are taken before during, at or after the time of such attack.
• Hostile Attack
• Means any attack by any person or body of persons, whether during any war, external aggression, internal
disturbance or otherwise which endangers the security o any life, property, place or thing in India or any part
of the territory thereof.
 • The provision relating the Press is to be found in sub section 3 that empowers the Central Government, for
securing civil defence, by notification to make rules providing for all or any of the matters, namely:
i) Prohibiting the printing and publication of any newspaper, news-sheet, book or other document containing
matters prejudicial to the civil defence;
ii) Demanding security from any press used for the purpose of printing or publishing, and forfeiting the copies
of, any newspaper, news-sheet, book or other document containing any of the matters referred to in (i).
• 1969 Amendments
• Two amendments passed this year made the penal law more rigorous.
• The Criminal and Election Laws Amendment Act
• This was passed to amend the IPC, the CrPC.. And to provide against printing and publication of certain
objectionable matters, inter alia, by substituting S 153 A and amending S 505, IPC; Schedule II of the CrPC,
1898 and introducing certain new provisions in Ss 6-8 of the Act of 1969.
• These new provisions in Ss 6-8 were later repealed by S 40 of the Prevention of Publication of
Objectionable Matter Act, 1976, since that Act introduced comprehensive provisions in this behalf.
• The Indian Penal Code Amendment Act
• This made certain amendments to S 292 to make the punishment of obscene publications more severe and
also Ss 99A, 108 and 2nd Schedule to the CrPC, 1898, which have later been incorporated in the Code of
1973.
• Defence of India Act 1971
• After the Proclamation of Emergency in 1971, the Defence of India Act, 1971, was passed with provisions
more rigorous than those of its predecessors in the line.
• This Act was amended in 1975, after the Proclamation of Emergency in June 1975, to amend its title and
relevant provisions, to cover Emergency provisions required to meet internal disturbances as well.
• Censorship Order 1975
• Under R 48 (1) of the Rules made under the Defence of India Act, Government of India promulgated the
Central Censorship Order (S.O. 275(E), on 26-6-1975).
• India’s worst brush with censorship
• The Censorship Order was India's worst brush with censorship. It occurred during the emergency declared
by the government of Prime Minister Indira Gandhi on 25 June 1975.
• Censorship of the Press was imposed for the first time in independent India by the promulgation of a Central
Censorship Order, dated 26 June 1975. No censorship was imposed during two previous declarations of
emergency, in 1962 and in 1971, when the nation was fighting a war.
• Under the Indian Constitution during an emergency, fundamental rights, including freedom of speech and
expression and the freedom of the press, stand suspended.
• Censorship, which in normal times would be struck down, becomes immune from constitutional challenge.
• Taking advantage of the emergency, numerous repressive measures were adopted in the form of executive
non-statutory guidelines, and instructions were issued by the censor to the press.
• One of the instructions of the censor was that “nothing is to be published that is likely to convey the
impression of a protest or disapproval of a government measure”.
• Consequently anything that smacked of criticism of governmental measures or action was almost invariably
banned, even if the criticism was sober and moderate.
• The censor's scissors were applied arbitrarily and in a few cases its decisions bordered on the farcical.
• Quotations from Mahatma Gandhi, Tagore and Nehru were banned.
• A statement by the Chairman of the Monopolies and Restrictive Trade Practices Commission criticising the
working of public sector undertakings was blacked out.
• Other ludicrous instances were the bans imposed on news about a member of a former royal family, Begum
Vilayat Mahal, squatting at New Delhi railway station; a report about junior lawyers marching to the Delhi
High Court; a London report of the arrest of a famous Indian actress for shoplifting; and the news about a
meeting of the Wild Life Board, which considered the grant of a hunting licence to a certain Maharaja’s
brother!
• These bans had nothing to do with the security of the State or preservation of public peace and order but
reflected the capricious working of the censoring authorities.
• Some of the censor’s directives were sinister, like the ones prohibiting any reference to the transfer of State
High Court judges, banning publication of judgments of High Courts which ruled against the censor,
"killing" news of the opposition of certain State governments to proposed constitutional amendments,
banning reports of alleged payoffs made during the purchase of Boeing aircraft and suppressing criticism of
family planning programs.
 • The object was not merely withholding of information but manipulation of news and views to legitimise the
emergency and make it acceptable.
• One tragic consequence was that inhuman practices like forcible sterilisation of young men after removing
them from buses and other excesses of over-enthusiastic family planning officials came to light much later
after the events, by which time family planning had become an anathema to the rural masses.
• An urgent and important programme suffered a serious setback owing to suppression of freedom of the press
by the censor.
• The Indian judiciary, especially the State High Courts, displayed commendable courage in striking down the
censor's orders and upheld the right of dissent even during the emergency.
• The High Court of Bombay in its landmark judgment in Binod Rao v. Masani delivered on 10 February
1976 declared:
• It is not the function of the censor acting under the Censorship Order to make all newspapers and periodicals
trim their sails to one wind or to tow along in a single file or to speak in chorus with one voice. It is not for
him to exercise his statutory powers to force public opinion in a single mould or to turn the Press into an
instrument for brainwashing the public. Under the Censorship Order the censor is appointed the nursemaid
of democracy and not its gravedigger. Merely because dissent, disapproval or criticism is expressed in
strong language is no ground for banning its publication.
• The Court, however, cautioned that the voice of dissent cannot take the form of incitement of revolutionary
or subversive activities, for then instead of serving democracy it would subvert it.
• The High Court of Gujarat in its judgment in C. Vaidya v. D’Penha castigated the censorship directives for
imposing upon the people "a mask of suffocation and strangulation".
In construing the expression "prejudicial report", the Court observed:
To peacefully protest against any governmental action with the immediate object of educating public opinion and
the ultimate object of getting the ruling party voted out of power at the next general elections is not a prejudicial
report at all. Such a public education is the primary need of every democracy.
• These judgments were delivered at a time when "inconvenient" judges during the emergency were
transferred from one State to another in India. Notwithstanding this, the High Courts rose to the occasion.
Indeed it was their finest hour.
• In R. Rajagopal v. State of TN the Supreme Court held that neither the government nor the officials who
apprehend that they may be defamed, had the right to impose a prior restraint upon the publication of the
autobiography of Auto Shankar, a convict serving sentence of death in jail, which was likely to reveal a
nexus between criminals and high ups in the police.
• The Court held that ‘The remedy of public officials/public figures, if any, will arise only after the
publication’.
• The Court has however accepted prior restraint in the case of exhibition of motion pictures because ‘.... it
has been almost universally recognised that the treatment of motion pictures must be different from that of
other forms of art and expression. This arises from the instant appeal of the motion picture ...’
• The Court, however, emphasised the necessity for a corrective machinery in the shape of an independent
tribunal and also a reasonable time limit for the decision of the censoring authorities.
• In laying down certain guidelines for the censor, the Court was at pains to point out that the "standards must
be so framed that we are not reduced to a level where the protection of the least capable and the most
depraved amongst us determines what the morally healthy cannot view or read. The standards that we set for
our censors must make a substantial allowance in favour of freedom."
K.A. Abbas v. Union of India, AIR 1971 SC 481 at 489, 498
• Courts in India have ruled that in adjudging the question of proscription of articles in the press or banning
the exhibition of a movie or programs in the TV channels, the standards to be employed must be of
reasonable, strong-minded human beings and not those of weak and vacillating minds nor of those who
scent danger or perceive hurt and insult in every critical point of view.
• It is not permissible to stifle all free expression of opinion by imagining lurking dangers in every corner and
discovering sharp curves and hairpin bends when all that exists is a straight road.
• The correct test is: what impression the article or movie as a whole would produce upon a man of ordinary
commonsense.

Bhagwati Charan v. Provincial Government, AIR 1947 Nag 1; Ramesh v. Union of India, 1988 (1) SCC 668
at 675; Binod Rao v. Masani, (1976) 78 Bom. L.R. 25 at 169
• Onslaughts on freedom of expression can emanate also from non-State actors, namely groups or individuals
who demand the banning of a book or a movie which appears offensive or hurtful to them.
 • A determined effort was made to ban the exhibition of a movie by a group of persons who regarded its
theme and presentation as hostile to the policy of reservation of jobs in public employment and seats in
educational institutions in favour of Scheduled Castes and backward classes, for whose benefit special
provisions by way of protective or compensatory discrimination are enacted in the Constitution of India.
• The Madras High Court in an incredible judgment revoked the certificate granted by the Board of Censors
permitting exhibition of the film and restrained its exhibition. Judgment dated 29 April 1988 in WR
469/488 of 1988
• In a path breaking decision the Supreme Court promptly reversed the High Court judgment. S. Rangarajan
v. P.J. Ram, 1989 (2) SCR 204
• The Court laid down a vital principle in these words:
• "If the film is unobjectionable and cannot constitutionally be restricted under Article 19(2), freedom of
expression cannot be suppressed on account of threats of demonstrations and processions or threats of
violence. That would be tantamount to negation of the rule of law and surrender to blackmail and
intimidation. Freedom of expression which is legitimate and constitutionally protected cannot be held to
ransom by an intolerant group of people."
• This judgment has far-reaching implications. Its wholesome effect and timeliness cannot be over-
emphasised in view of the rising intolerance of late witnessed in India.
• Tranquillity ought not to be maintained in all cases by sacrifice of liberty. Threats to law and order should be
firmly put down rather than suppress freedom of expression, which it is the duty of every democratic state to
uphold.
• The Censorship Order, 1975 was revoked on March 22, 1977, with the revocation of the Proclamation of
Emergency, after the defeat of Mrs Gandhi at the elections.
• Prevention of Publication of Objectionable Matter Ordinance and Act, 1975-76
• For some time, the Government of India has been feeling that the Press in India had been abusing its
freedom from any restrictive laws in vilifying high dignitaries and such feeling reached its climax after the
Allahabad High Court Judgement in the election case against Mrs Gandhi, which was followed by the
Proclamation of Emergency on June 25, 1975.
• On December 8, 1975, therefore, the President promulgated the Prevention of Publication of Objectionable
Matter Ordinance, 1975, which was, in substance, a reproduction of the Act of 1951, with such
improvements as were considered necessary to make its provisions consistent with the requirements of
Article 19 (2) of the Constitution.
• The Ordinance was later enacted as a permanent statute – the Prevention of Publication of Objectionable
Matter Act, 1976.
• This Act was repealed by the Janata Government on April 9, 1976 by enacting the Prevention of Publication
of Objectionable Matter Act, 1976).
• Simultaneously with the enactment of the Prevention of Publication of Objectionable Matter Act two other
enactments were passed:
• Press Council Repeal Act, 1976
• By this Act, the Press Council Act of 1965 was repealed and the Press Council constituted thereunder was
abolished, because it was considered that the Council failed to fulfil the objective with which it had been set
up.
• Parliamentary Proceedings (Protection of Publication) Repeal Act, 1976
• This was a retrograde step inasmuch as it eliminated the Parliamentary Proceedings (Protection of
Publication) Act, which was on the statute book since 1956.
Whatever the success or failure of the Janata Government’s rule for two years, so far as the Press is concerned, an
impartial observer must say that the Press ought to be grateful to them for removing all the fetters that had been
imposed on the Press during the Emergency regime.
• The first step was to repeal the Prevention of Publication of Objectionable matter Act, by passing a
Repealing Act on April 9, 1988. On the same date was passed the Parliamentary Proceedings (Protection of
Publication) Act, 1977, by which was re-enacted the privilege which had been taken away by the
Parliamentary Proceedings (Protection of Publication) Repeal Act, 1976.
• The law on this point was buttressed and expanded, giving it constitutional protection, by inserting Article
361 A in the Constitution by the Constitution (44th Amendment) Act, 1978.
• Article 361 A
• 361A. Protection of publication of proceedings of Parliament and State Legislatures.-
(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a
newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative
Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to
have been made with malice:
• Provided that nothing in this clause shall apply to the publication of
• any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly,
or, as the case may be, either House of the Legislature, of a State.
(2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any
programme or service provided by means of a broadcasting station as it applies in relation to reports or matters
published in a newspaper.
Explanation.- In this article, "newspaper" includes a news agency report containing material for publication in a
newspaper.
• Press Council Act, 1978
• The next step was the enactment of the Press Council Act, 1978 by which the Press Council was
reestablished, with a more representative composition and improved provisions, in some respects.
• The Janata Government did not survive beyond July 1979.
• Mrs Gandhi came back to power as the Prime Minister at the Head of the Congress (I) Party which won the
elections held in January 1980.
• Thereafter, the Press Commission was reconstituted and it submitted its Report in 1982. No significant
legislation in pursuance of that Report appears to have taken place since then.
• The Copyright Act, 1957, was amended by Act 23 of 1983
In this Act, unless the context otherwise requires,-
(a) "adaptation" means,-
• (i) in relation to a dramatic work, the conversion of the work into a non-dramatic work;
• (ii) in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by
• way of performance in public or otherwise;
• (iii) in relation to a literary or dramatic work, any abridgement of the work or any version of the work in
• which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for
• reproduction in a book, or in a newspaper, magazine or similar periodical;3
• (iv) in relation to a musical work, any arrangement or transcription of the work; 4 and
• (v) 5 in relation to any work, any use of such work involving its re-arrangement or alteration;
(b) "work of architecture" means any building or structure having an artistic character or design, or any model for
such building or structure;
(c) "artistic work" means-
• a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph,
whether or not any such work possesses artistic quality;
• work of architecture; and
• any other work of artistic craftsmanship;
(d) "author' means,-
• in relation to a literary or dramatic work, the author of the work;
• in relation to a musical work, the composer;
• in relation to an artistic work other than a photograph, the artist;
• in relation to a photograph, the person taking the photograph;
• in relation to a cinematograph8 or sound recording the producer; and
• in relation to [any literary, dramatic, musical or artistic work which is computer-generated, the person who
causes the work to be created;
dd) "broadcast" means communication to the public-
• by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual
images; or
• by wire, and includes a re-broadcast;
(e) "calendar year' means the year commencing on the 1st day of January;
(f) "cinematograph film" means any work of visual recording on any medium produced through a process from
which a moving image may be produced by any means and includes a sound recording accompanying such visual
recording and "cinematograph" shall be construed as including any work produced by any process analogous to
cinematography including video films;
(ff) "communication to the public" means making any work available for being seen or heard or otherwise enjoyed
by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless
of whether any member of the public actually sees, hears or otherwise enjoys the work so made available.
Explanation.- For the purposes of this clause, communication through satellite or cable or any other means of
simultaneous communication to more than one household or place of residence including residential rooms of any
hotel or hostel shall be deemed to be communication to the public;
(ffa) "composer', in relation to a musical work, means the person who composes the music regardless of whether he
records it in any form of graphical notation;
(ffb) "computer" includes any electronic or similar device having information processing capabilities;
(ffc) "computer programme" means a set of instructions expressed in words, codes, schemes or in any other form,
including a machine readable medium, capable of causing a computer to perform a particular task or achieve a
particular result;
(ffd) "copyright society" means a society registered under sub-section (3) of section 33
(g) "delivery", in relation to a lecture, includes delivery by means of any mechanical instrument or [broadcast] by;
(h) "dramatic work" includes any piece for recitation, choreographic work or entertainment in dumb show, the
scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph
film;
(hh) "duplicating equipment" means any mechanical contrivance or device used or intended to be used for making
copies of any work;
(i) "engravings" include etchings, lithographs, wood-cuts, prints and other similar works, not being photographs;
(j) "exclusive licence" means a licence which confers on the licensee or on the licensee and persons authorised by
him, to the exclusion of all other persons (including the owner of the copyright), any right comprised in the
copyright in a work, and "exclusive licensee" shall be construed accordingly;
(l) "Indian work" means a literary, dramatic or musical work,-
• the author of which is a citizen of India; or
• which is first published in India; or
• the author of which, in the case of an unpublished work, is, at the time of the making of the work, a citizen
of India;
(m) "infringing copy" means,-
• in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form
of a cinematographic film;
• in relation to a cinematographic film, a copy of the film made on any medium by any means;
• in relation to a sound recording, any other recording embodying the same sound recording, made by any
means;
• in relation to a programme or performance in which such a broadcast reproduction right or a performer's
right subsists under the provisions of this Act, the sound recording or a cinematographic film of such
programme or performance, if such reproduction, copy or sound recording is made or imported in
contravention of the provisions of this Act;
(n) "lecture" includes address, speech and sermon;
(o) "literary work" includes computer programmes, tables and compilations including computer 35A "literary data
bases ;
(p) "musical work" means a work consisting of music and includes any graphical notation of such work but does not
include any words or any action intended to be sung, spoken or performed with the music;
(q) "performance", in relation to performer's right, means any visual or acoustic presentation made live by one or
more performers;
• (qq) "performer' includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a
person delivering a lecture or any other person who makes a performance;
(s) "photograph" includes photo-lithograph and any work produced by any process analogous to photography but
does not include any part of a cinematograph film;
• (t) "plate" includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative, [duplicating
equipment] or other device used or intended to be used for printing or reproducing copies of any work, and
any matrix or other appliance by which sound recording for the acoustic presentation of the work are or are
intended to be made;
(uu) "producer', in relation to a cinematograph film or sound recording, means a person who takes the initiative and
responsibility for making the work;
(x) "reprography" means the making of copies of a work, by photo-copying or similar means;
(xx) "sound recording" means a recording of sounds from which such sounds may be produced regardless of the
medium on which such recording is made or the method by which the sounds are produced;
(y) "work" means any of the following works, namely:-
• a literary, dramatic, musical or artistic work;
• a cinematograph film;
 • a [sound recording];
(z) "work of joint authorship" means a work produced by the collaboration of two or more authors in which the
contribution of one author is not distinct from the contribution of the other author or authors;
(za) "work of sculpture" includes casts and models.
• Meaning of publication - For the purposes of this Act, "publication" means making a work available to the
public by issue of copies or by communicating the work to the public.
• When work not deemed to be published or performed in public - Except in relation to infringement of
copyright, a work shall not be deemed to be published or performed in public, if published, or performed in
public, without the licence of the owner of the copyright.
• When work deemed to be first published in India. - For the purposes of this Act, a work published in
lndia shall be deemed to be first published in India, notwithstanding that it has been published
simultaneously in some other country, unless such other country provides a shorter term of copyright for
such work; and a work shall be deemed to be published simultaneously in India and in another country if the
time between the publication in India and the publication in such other country does not exceed thirty days
or such other period as the Central Government may, in relation to any specified country, determine.
• Works in which copyright subsists
Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India
in the following classes of works, that is to say -
• original literary, dramatic, musical and artistic works;
• cinematograph films; and
• sound recordings;
• Copyright shall not subsist
In any work specified in sub-section (1), other than a work to which the provisions of section 40 or section 41
apply, unless,-
• in the case of a published work, the work is first published in India, or where the work is first published
outside India, the author is at the date of such publication, or in a case where the author was dead at that
date, was at the time of his death, a citizen of India;
• in the case of an unpublished work other than a [work of architecture] the author is at the date of the making
of the work a citizen of India or domiciled in India; and
• in the case of [work of architecture] the work is located in India.
Explanation.- in the case of a work of joint authorship, the conditions conferring copyright specified in this sub-
section shall be satisfied by all the authors of the work.
• Meaning of copyright
For the purposes of this Act, "copyright" means the exclusive right subject to the provisions of this Act, to do or
authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:-
(a) in the case of a literary, dramatic or musical work, not being a computer programme -
• to reproduce the work in any material form including the storing of it in any medium by electronic means;
• to issue copies of the work to the public not being copies already in circulation;
• to perform the work in public, or communicate it to the public;
• to make any cinematograph film or sound recording in respect of the work;
• to make any translation of the work;
• to make any adaptation of the work;
• to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the
work in sub-clauses (i) to (vi);
(b) in the case of a computer programme,-
• to do any of the acts specified in clause (a);
• to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer
programme:
• Provided that such commercial rental does not apply in respect of computer programmes where the
programme itself is not the essential object of the rental.
(c) in the case of an artistic work,-
• to reproduce the work in any material form including depiction in three dimensions of a two dimensional
work or in two dimensions of a three dimensional work;
• to communicate the work to the public;
• to issue copies of the work to the public not being copies already in circulation;
• to include the work in any cinematograph film;
• to make any adaptation of the work;
 • to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses
(i) to (iv);
(d) In the case of cinematograph film, -
• to make a copy of the film, including a photograph of any image forming part thereof;
• to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such copy has
been sold or given on hire on earlier occasions;
• to communicate the film to the public;
(e) In the case of sound recording, -
• to make any other sound recording embodying it;
• to sell or give on hire, or offer for sale or hire, any copy of the sound recording regardless of whether such
copy has been sold or given on hire on earlier occasions;
• to communicate the sound recording to the public.
Explanation : For the purposes of this section, a copy which has been sold once shall be deemed to be a copy
already in circulation.
• Ownership of Copyright and the Rights of the Owner
• First owner of copyright.-Subject to the provisions of this Act, the author of a work shall be the first owner
of the copyright therein
• Provided that-
• (a) in the case of a literary, dramatic or artistic work made by the author in the course of his employment by
the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship,
for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the
absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the
copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the
reproduction of the work for the purpose of its being so published, but in all other respects the author shall
be the first owner of the copyright in the work;
• (b) subject to the provisions of clause (a), in the case of a photograph taken, or a painting or portrait drawn,
or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such
person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;
• (c) in the case of a work made in the course of the author s employment under a contract of service or
apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the absence of any
agreement to the contrary, be the first owner of the copyright therein;
• [(cc) in the case of any address or speech delivered in public, the person who has delivered such address or
speech or if such person has delivered such address or speech on behalf of any other person, such other
person shall be the first owner of the copyright therein notwithstanding that the person who delivers such
address or speech, or, as the case may be, the person on whose behalf such address or speech is delivered, is
employed by any other person who arranges such address or speech or on whose behalf or premises such
address or speech is delivered;]
• (d) in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be
the first owner of the copyright therein;
• [(dd) in the case of a work made or first published by or under the direction or control of any public
undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first
owner of the copyright therein.
• (e) in the case of a work to which the provisions of section 41 apply, the international organisation
concerned shall be the first owner of the copyright therein.
• Term of Copyright
• Term of copyright in published literary, dramatic, musical and artistic works.-Except as otherwise
hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work (other than a
photograph) published within the lifetime of the author until 62[sixty] years from the beginning of the
calendar year next following the year in which the author dies.
• Explanation.- In this section the reference to the author shall, in the case of a work of joint authorship, be
construed as a reference to the author who dies last.
• Term of copyright in anonymous and pseudonymous works.-
In the case of a literary, dramatic, musical or artistic work (other than a photograph), which is published
anonymously or pseudonymously, copyright shall subsist until [sixty] years from the beginning of the calendar year
next following the year in which the work is first published :
• Provided that where the identity of the author is disclosed before the expiry of the said period, copyright
shall subsist until [sixty] years from the beginning of the calendar year next following the year in which the
author dies.
 • Term of copyright in the posthumous work.-
In the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the
death of the author or, in the case of any such work of joint authorship, at or immediately before the date of the
death of the author who dies last, but which, or any adaptation of which, has not been published before that date,
copyright shall subsist until [sixty] years from the beginning of the calendar year next following the year in which
the work is first published or, where an adaptation of the work is published in any earlier year, from the beginning
of the calendar year next following that year.
• Term of copyright in photographs.-
• In the case of a photograph, copyright shall subsist until [sixty] years from the beginning of the calendar
year next following the year in which the photograph is published.
• Term of copyright in cinematograph films.
In the case of a cinematograph film, copyright shall subsist until [sixty] years from the beginning of the calendar
year next following the year in which the film is published.
• Term of copyright in records.-
• In the case of a [sound recording], copyright shall subsist until [sixty] years from the beginning of the
calendar year next following the year in which the [sound recording] is published.
• Term of copyright in Government work
In the case of Government work, where Government is the first owner of the copyright therein, copyright shall
subsist until [Sixty] years from the beginning of the calendar year next following the year in which the work is first
published.
• Term of copyright in works of public undertakings.-
In the case of a work, where a public undertaking is the first owner of the copyright therein, copyright shall until
[sixty] years from the beginning of the calendar year next following the year in which the work is first published.
• Term of copyright in works of international organisations
In the case of a work of an international organisation to which the provisions of section 41 apply, copyright shall
subsist until [sixty] years from the beginning of the calendar year next following the year in which the work is first
published.
• Infringement of Copyright
• Copyright in a work shall be deemed to be infringed
(a) when any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under
this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent
authority under this Act-
• does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or
• permits for profit any place to be used for the communication of the work to the public where such
communication constitutes an infringement of the copyright in the work, unless he was not aware and had no
reasonable ground for believing that such communication to the public would be an infringement of
copyright; or,
(b) when any person-
• makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
• distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the
copyright, or
• by way of trade exhibits in public, or
• imports into India, any infringing copies of the work.
Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work for the private and
domestic use of the importer.
• Explanation.- For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic
work in the form of a cinematograph film shall be deemed to be an "infringing copy".
• The following acts shall not constitute
an infringement of copyright, namely
(a) a fair dealing with a literary, dramatic, musical or artistic work [not being a computer programme] for the
purposes of-
• private use, including research;
• criticism or review, whether of that work or of any other work;
(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such
computer programme, from such copy-
• in order to utilise the computer programme for the purposes for which it was supplied; or
• to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to
utilise the computer programme for the purpose for which it was supplied;
(ab) the doing of any act necessary to obtain information essential for operating inter-operability of an
independently created computer programme with other programmes by a lawful possessor of a computer
programme provided that such information is not otherwise readily available;
(ac) the observation, study or test of functioning of the computer programme in order to determine the ideas and
principles which underline any elements of the programme while performing such acts necessary for the functions
for which the computer programme was supplied;
(ad) the making of copies or adaptation of the computer programme from a personally legally obtained copy for
non-commercial personal use;
(b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events-
• in a newspaper, magazine or similar periodical, or
• by [broadcast] or in a cinematograph film or by means of photographs.
[Explanation.- The publication of a compilation of addresses or speeches delivered in public is not a fair dealing of
such work within the meaning of this clause;]
(c) the reproduction of a literary, dramatic, musical or artistic work for the purpose of a judicial proceeding or for
the purpose of a report of a judicial proceeding;
(d) the reproduction or publication of a literary, dramatic, musical or artistic work in any work prepared by the
Secretariat of a Legislature or, where the Legislature consists of two Houses, by the Secretariat of either House of
the Legislature, exclusively for the use of the members of that Legislature;
(e) the reproduction of any literary, dramatic or musical work in a certified copy made or supplied in accordance
with any law for the time being in force;
(f) the reading or recitation in public of any reasonable extract from a published literary or dramatic work;
(g) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of
educational institutions, and so described in the title and in any advertisement issued by or on behalf of the
publisher, of short passages from published literary or dramatic works, not themselves published for the use of
educational institutions, in which copyright subsists :
Provided that not more than two such passages from works by the same author are published by the same publisher
during any period of five years.
Explanation.- In the case of a work of joint authorship, references in this clause to passages from works shall
include references to passages from works by any one or more of the authors of those passages or by any one or
more of those authors in collaboration with any other person;
(h) the reproduction of a literary, dramatic, musical or artistic work-
by a teacher or a pupil in the course of instruction; or
as part of the questions to be answered in an examination; or
in answers to such questions;
(i) the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical
work by the staff and students of the institution, or of a cinematograph film or a [sound recordings] if the audience
is limited to such staff and students, the parents and guardians of the students and persons directly connected with
the activities of the institution [or the communication to such an audience of a cinematograph film or sound
recording].
(j) the making of sound recordings in respect of any literary, dramatic or musical work, if-
sound recordings of that work have been made by or with the license or consent of the owner of the right in the
work;
the person making the sound recordings has given a notice of his intention to make the sound recordings, has
provided copies of all covers or labels with which the sound recordings are to be sold, and has paid in the prescribed
manner to the owner of rights in the work royalities in respect of all such sound recordings to be made by him, at
the rate fixed by the Copyright Board in this behalf:
Provided that-
i) no alterations shall be made which have not been made previously by or with the consent of the owner of
rights, or which are not reasonably necessary for the adaptation of the work for the purpose of making the
sound recordings;
ii) the sound recordings shall not be issued in any form of packaging or with any label which is likely to
mislead or confuse the public as to their identity;
iii) no such sound recording shall be made until the expiration of two calendar years after the end of the year in
which the first sound recording of the work was made; and
iv) the person making such sound recordings shall allow the owner of rights or his duly authorised agent or
representative to inspect all records and books of account relating to such sound recording:
Provided further that if on a complaint brought before the Copyright Board to the effect that the owner of rights has
not been paid in full for any sound recordings purporting to be made in pursuance of this clause, the Copyright
Board is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person
making the sound recording to cease from making further copies and, after holding such inquiry as it considers
necessary, make such further order as it may deem fit, including an order for payment of royalty;
(k) the causing of a recording to be heard in public by utilising it,-
in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or
similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein; or
as part of the activities of a club or similar organisation which is not established or conducted for profit;
as part of the activities of a club, society or other organisation which is not established or conducted for profit;
(l) the performance of a literary, dramatic or musical work by an amateur club or society, if the performance is
given to a non-paying audience, or for the benefit of a religious institution;
(m) the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social
or religious topics, unless the author of such article has expressly reserved to himself the right of such reproduction;
(n) the publication in a newspaper, magazine or other periodical of a report of a lecture delivered in public;
(o) the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by
or under the direction of the person in charge of a public library for the use of the library if such book is not
available for sale in India;
(p) the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished
literary, dramatic or musical work kept in a library, museum or other institution to which the public has access :
Provided that where the identity of the author of any such work or, in the case of a work of joint authorship, of any
of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause
shall apply only if such reproduction is made at a time more than sixty years from the date of the death of the author
or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity
of more authors than one is known from the death of such of those authors who dies last;
(q) the reproduction or publication of-
any matter which has been published in any Official Gazette except an Act of a Legislature;
any Act of a Legislature subject to the condition that such Act is reproduced or published together with any
commentary thereon or any other original matter;
the report of any committee, commission, council, board or other like body appointed by the Government if such
report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is
prohibited by the Government;
any judgement or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such
judgment or order is prohibited by the court, the tribunal or other judicial authority, as the case may be;
(r) the production or publication of a translation in any Indian language of an Act of a Legislature and of any rules
or orders made thereunder-
if no translation of such Act or rules or orders in that language has previously been produced or published by the
Government; or
where a translation of such Act or rules or orders in that language has been produced or published by the
Government, if the translation is not available for sale to the public:
Provided that such translation contains a statement at a prominent place to the effect that the translation has not
been authorised or accepted as authentic by the Government;
(s) the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the
display of a work of architecture;
(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work
failing under sub-clause (iii) of clause (c) of section 2, if such work is permanently situated in a public place or any
premises to which the public has access;
(u) the inclusion in a cinematograph film of-
any artistic work permanently situate in a public place or any premises to which the public has access; or
any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal
matters represented in the film;
(v) the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein,
of any mould, cast, sketch, plan, model or study made by him for the purpose of the work :
Provided that he does not thereby repeat or imitate the main design of the work;
(x) the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference
to which the building or structure was originally constructed :
Provided that the original construction was made with the consent or licence of the owner of the copyright in such
drawings and plans;
(y) in relation to a literary, dramatic or musical work recorded or reproduced in any cinematograph film the
exhibition of such film after the expiration of the term of copyright therein :
Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (a) of clause (b) and clauses (d), (f), (g), (m)
and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgment-
identifying the work by its title or other description; and
unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgement
of his name should be made, also identifying the author.
(z) the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own
broadcast by a broadcasting organisation of a work which it has the right to broadcast; and the retention of such
recording for archival purposes on the ground of its exceptional documentary character;
(za) the performance of a literary, dramatic or musical work or the communication to the public of such work or of a
sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central
Government or the State Government or any local authority.
Explanation.- For the purpose of this clause, religious ceremony including a marriage procession and other social
festivities associated with a marriage.
The following enactments/rules have come into force in the 1990s:
The Prasar Bharati (Broadcasting Corporation of India) Act, 1990
The Protection of Human Rights Act, 1993
The Cable Television Network Rules, 1994
The Cable Television Network (Regulation) Act, 1995
Telecom Regulatory Authority of India Act, 1997
The Information and Technology Act, 2000
The Prasar Bharati (Broadcasting Corporation of India) Act,1990
An Act
to provide for the establishment of a Broadcasting Corporation for India, to be known as Prasar Bharati, to define its
composition, functions and powers and to provide for matters connected therewith or incidental thereto.
In this Act, unless the context otherwise requires,
"Akashvani" means the offices, stations and other establishments, by whatever name called, which, immediately
before the appointed day, formed part of or were under the Director-General, All India Radio of the Union Ministry
of Information and Broadcasting;
"appointed day" means the date appointed under section 3;
"broadcasting" means the dissemination of any form of communication like signs, signals, writing, pictures, images
and sounds of all kinds by transmission of electro-magnetic waves through space or through cables intended to be
received by the general public either directly or indirectly through the medium of relay stations and all its
grammatical variations and cognate expression shall be construed accordingly;
"Board" means the Prasar Bharati Board;
"Broadcasting Council" means the Council established under section 14;
"Chairman" means the Chairman of the Corporation appointed under section 4;
"Corporation" means the Prasar Bharati (Broadcasting Corporation of India) established under section 3;
"Doordarshan" means the offices, kendras and other establishments, by whatever name called, which, immediately
before the appointed day, formed part of or were under the Directorate-General, Doordarshan of the Union Ministry
of Information and Broadcasting;
"elected Member" means a Member elected under section 3;
"Executive Member" means the Executive Member appointed under section 4;
"kendra" means any telecasting centre with studios or transmitters or both and includes a relay station;
"Member" means a Member of the Board;
"Member (Finance)" means the Member (Finance) appointed under section 4;
"Member (Personnel)" means the Member (Personnel) appointed under section 4;
"Nominated Member" means the Member nominated by the Union Ministry of Information and Broadcasting under
section 3;
"Non-lapsable Fund" means the Fund created from the commercial revenues of Akashvani and Doordarshan to meet
expenditure on certain schemes;
"notification" means a notificaion published in the official Gazette;
"Part-time Member" means a Part-time Member of the Board appointed under section 4, but does not include an ex-
officio Member, the Nominated Member or an elected Member;
"prescribed" means prescribed by rules made under this Act;
"Recruitment Board" means a board established under sub-section (I) of section 10;
"regulations" means regulations made by the Corporation under this Act;
"station" means any broadcasting station with studios or transmitters or both and includes a relay station;
"Whole-time Member" means the Executive Member, Member (Finance) or Member (Personnel);
"year" means the financial year.
The general superintendence, direction and management of the affairs of the Corporation shall vest in the Prasar
Bharati Board which may exercise all such powers and do all such acts and things as may be exercised or done by
the Corporation under this Act.
The Board shall consist of
(a)a Chairman;
(b) one Executive Member;
(c)one Member (Finance);
(d)one Member (Personnel);
(e)six Part-time Members;
(f)Director-General (Akashvani), ex-officio;
(g)Director-General (Doordarshan), ex-officio;
(h)one representative of the Union Ministry of Information and Broadcasting, to be nominated by that Ministry; and
(i) two representatives of the employees of the Corporation, of whom one shall be elected by the engineering staff
from amongst themselves and one shall be elected by the other employee from amongst themselves.
Functions and Powers of Corporation.
(1) Subject to the provisions of this Act, it shall be the primary duty of the Corporation to organise and conduct
public broadcasting services to inform, educate and entertain the public and to ensure a balanced development of
broadcasting on radio and television.
Explanation --- For the removal of doubts, it is hereby declared that the provisions of this section shall be in
addition to, and not in derogation, of the provisions of the Indian Telegraph Act, 1885.
(2) The Corporation shall, in the discharge of its functions, be guided by the following objectives, namely:-
(a) upholding the unity and integrity of the country and the values enshrined in the Constitution;
(b) safeguarding the citizen’s right to be informed freely, truthfully and objectively on all matters of public interest,
national or international, and presenting a fair and balanced flow of information including contrasting views without
advocating any opinion or ideology of its own;
(c) paying special attention to the fields of education and spread of literacy, agriculture, rural development,
environment, health and family welfare and science and technology;
(d) providing adequate coverage to the diverse cultures and languages of the various regions of the country by
broadcasting appropriate programmes;
(e) providing adequate coverage to sports and games so as to encourage healthy competition and the spirit of
sportsmanship;
(f) providing appropriate programmes keeping in view the special needs of the youth;
(g) informing and stimulating the national consciousness in regard to the status and problems of women and paying
special attention to the upliftment of women;
(h) promoting social justice and combating exploitation, inequality and such evils as untouchability and advancing
the welfare of the weaker sections of the society;
(i) safeguarding the rights of the working classes and advancing their welfare;
(j) serving the rural and weaker sections of the people and those residing in border regions, backward or remote
areas;
(k) providing suitable programmes keeping in view the special needs of the minorities and tribal communities;
(l) taking special steps to protect the interests of children, the blind, the aged, the handicapped and other vulnerable
sections of the people;
(m) promoting national integration by broadcasting in a manner that facilitates communication in the languages in
India; and facilitating the distribution of regional broadcasting services in every State in the languages of that State;
(n) providing comprehensive broadcast coverage through the choice of appropriate technology and the best
utilisation of the broadcast frequencies available and ensuring high quality reception;
(o) promoting research and development activities in order to ensure that radio and television broadcast technology
are constantly updated; and
(p) expanding broadcasting facilities by establishing additional channels of transmission at various levels.
(3) In particular, and without prejudice to the generality of the foregoing provisions, the Corporation may take such
steps as it thinks fit …..
(a) to ensure that broadcasting is conducted as a public service to provide and produce programmes;
to establish a system for the gathering of news for radio and television;
to negotiate for purchase of, or otherwise acquire, programmes and rights or privileges in respect of sports and other
events, films, serials, occasions, meetings, functions or incidents of public interest, for broadcasting and to establish
procedures for the allocation of such programmes, rights or privileges to the services;
to establish and maintain a library or libraries of radio, television and other materials;
to conduct or commission, from time to time, programmes, audience research, market or technical service, which
may be released to such persons and in such manner and subject to such terms and conditions as the Corporation
may think fit;
to provide such other services as may be specified by regulations.
(4) Nothing in sub-sections (2) and (3) shall prevent the Corporation from managing on behalf of the Central
Government and in accordance with such terms and conditions as may be specified by that Government the
broadcasting of External Services and monitoring of broadcasts made by organisations outside India on the basis of
arrangements made for reimbursement of expenses by the Central Government.
(5) For the purposes of ensuring that adequate time is made available for the promotion of the objectives set out in
this section, the Central Government shall have the power to determine the maximum limit of broadcast time in
respect of the advertisement.
(6) The Corporation shall be subject to no civil liability on the ground merely that it failed to comply with any of the
provisions of this section.
(7) The Corporation shall have power to determine and levy fees and other service charges for or in respect of the
advertisements and such programmes as may be specified by regulations:
Provided that the fees and other service charges levied and collected under this sub-section shall not exceed such
limits as may be determined by the Central Government, from time to time
Jurisdiction of, and the procedure to be followed by, Broadcasting Council.
(1) The Broadcasting Council shall receive and consider complaints from ----
any person or group of persons alleging that a certain programme or broadcast or the functioning of the Corporation
in specific cases or in general is not in accordance with the objectives for which the Corporation is established;
any person (other than officer or employee of the Corporation) claiming himself to have been treated unjustly or
unfairly in any manner (including unwarranted invasion of privacy, misrepresentation, distortion or lack of
objectivity) in connection with any programme broadcast by the Corporation.
(2) A complaint under sub-section (1) shall be made in such manner and within such period as may be specified by
regulations.
(3) The Broadcasting Council shall follow such procedure as it thinks fit for he disposal of complaints received by
it.
(4) If the complaint is found to be justified either wholly or in part, the Broadcasting Council shall advise the
Executive Member to take appropriate action.
(5) If the Executive Member is unable to accept the recommendation of the Broadcasting Council, he shall place
such recommendation before the Board for its decision thereon.
(6) If the Board is also unable to accept the recommendation of the Broadcasting Council, it shall record its reasons
therefor and inform the Broadcasting Council accordingly.
(7) Notwithstanding anything contained in sub-section (5) and (6), where the Broadcasting Council deems it
appropriate, it may, for reasons to be recorded in writing, require the Corporation to broadcast its recommendations
with respect to a complaint in such manner as the Council may deem fit.
Power of Central Government to give directions.
(1) The Central Government may, from time to time as and when occasion arises, issue to the Corporation such
directions as it may think necessary in the interests of the sovereignty, unity and integrity of India or the security of
the State or preservation of public order requiring it not to make a broadcast on a matter specified in the direction or
to make a broadcast on any matter of public importance specified in the direction.
(2) Where the corporation makes a broadcast in pursuance of the direction issued under sub-section (1), the fact that
such broadcast has been made in pursuance of such direction may also be announce along with such broadcast, if
the Corporation so desires.
(3) A copy of every direction issued under sub-section (1) shall be laid before each House of Parliament.
Report to Parliament in certain matters and recommendations as to action against the Board.
(1) Where the Board persistently makes default in complying with any directions issued under section 23 or fails to
supply the information required under section 24, the Central Government may prepare a report thereof and lay it
before each House of Parliament for any recommendation thereof as to any action (including supersession of the
Board) which may be taken against the Board.
(2) On the recommendation of the Parliament, the President may by notification supersede the Board for such
period not exceeding six month, as may be specified in the notification:
Provided that before issuing the notification under this sub-section, the President shall give a reasonable opportunity
to the Board to show cause as to why it should not be superseded and shall consider the explanations and objections,
if any, of the Board.
(3) Upon the publication of the notification under sub-section (2),----
all the Members shall, as from the date supersession, vacate their offices as such;
all the powers, functions and duties which may, by or under the provision of this Act be exercised or discharged by
or on behalf of the Board, shall until the Board is reconstituted under this Act, be exercised and discharged by such
person or persons as the President may direct.
(4) On the expiration of the period of supersession specified in the notification issued under sub-section (2), the
President may reconstitute the Board by fresh appointments, and in such a case any person who had vacated his
office under clause (a) of sub-section (3) shall not be disqualified for appointment:
Provided that the President may, at any time before the expiration of the period of supersession, take action under
this sub-section.
(5) The Central Government shall cause the notification issued under-sub-section (2) and a full report of the action
taken under this section to be laid before each House of Parliament.
THE PROTECTION OF HUMAN RIGHTS ACT, 1993 ACT NO. 10 OF 1994 [8th January, 1994.]
An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions
in States and Human Rights Courts for better protection of human rights and for matters connected therewith or
incidental thereto.
Definitions
(a) "armed forces" means the naval, military and air forces and includes any other armed forces of the Union;
(b) "Chairperson" means the Chairperson of the Commission or of the State Commission, as the case may be;
(c) "Commission" means the National Human Rights Commission constituted under section 3;
(d) "human rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the
Constitution or embodied in the International Covenants and enforceable by courts in India;
(e) "Human Rights Court" means the Human Rights Court specified under section 30;
(f) "International Covenants" means the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the
16th December, 1966;
Functions of the Commission
(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into complaint of-
(i) violation of human rights or abetment thereof; or
(ii) negligence in the prevention of such violation, by a public servant;
(b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with
the approval of such court;
(c) visit, under intimation to the State Government, any jail or any other institution under the control of the State
Government, where Demons are detained or lodged for purposes of treatment, reformation or protection to study the
living conditions of the inmates and make recommendations thereon;
(d) review the safeguards provided by or under the Constitution or any law for the time being in force for the
protection of human rights and recommend measures for their effective implementation;
(e) review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend
appropriate remedial measures;
(f) study treaties and other international instruments on human rights and make recommendations for their effective
implementation;
(g) undertake and promote research in the field of human rights;
(h) spread human rights literacy among various sections, of society and promote awareness of the safeguards
available for the protection of these rights through publications, the media, seminars and other available means;
(i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;
(j) such other functions as it may consider necessary for the promotion of human rights.
Powers relating to inquiries
(1) The Commission shall, while inquiring into complaints under this Act, have all the powers of a civil court trying
a suit under the Code of Civil Procedure, 1908 (5 of 1908), and in particular in respect of the following matters,
namely:-
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) any other matter which may be prescribed.
(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that
person under any law for the time being in force, to furnish information on such points or matters as, in the opinion
of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required
shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177
of the Indian Penal Code (45 of 1860).
(3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this
behalf by the Commission may enter any building or place where the Commission has reason to believe that any
document relating to the subject matter of the inquiry may be found, and may seize any such document or take
extracts or copies therefrom subject to the provisions of section 100, of the Code of Criminal Procedure, 1973 (2 of
1974), in so far as it may be applicable.
(4) The, Commission shall be deemed to be a civil court and when any offence as is described in section 175,
section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860). is committed in the view
or presence of the Commission, the Commission may, after recording the facts constituting the offence and the
statement of the accused as provided for in the Code of Criminal Procedure, 1973 (2 of 1974), forward the case to a
Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed
to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of
Criminal Procedure, 1973.
(5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of
section, 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860), and the
Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code
of Criminal Procedure, 1973 (2 of 1974).
Investigation
(1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the
services of any officer or investigation agency of the Central Government or any State Government with the
concurrence of the Central Government or the State Government, as the case may be.
(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services
are utilised under sub-section may, subject to the direction and control of the Commission,--
(a) summon and enforce the attendance of any person and examine him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office
(3) The provisions of section 15 shall apply in relation to any statement made by a person before any officer or
agency whose services are utilised under sub-section (1) as they apply in relation to any statement made by a person
in the course of giving evidence before the Commission.
(4) The officer or agency whose services are utilised under sub- section (1) shall investigate into any matter
pertaining to the inquiry and submit a report thereon to the Commission within such period as may be specified by
the Commission in this behalf.
(5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at
in the report submitted to it under sub-section (4) and for this purpose the Commission may make such inquiry
(including the examination of the person or persons who conducted or assisted in the investigation) as it thinks fit.
Inquiry into complaints.
The Commission while inquiring into the complaints of violations of human rights may-
(i) call for information or report from the Central Government or any State Government or any other authority
or organisation subordinate thereto within such time as may be specified by it: Provided that-
(a) if the information or report is not received within the time stipulated by the Commission, it may
proceed to inquire into the complaint on its own;
(b) if, on receipt of information or report, the Commission is satisfied either that no further inquiry is
required or that the required action has been initiated or taken by the concerned Government or
authority, it may not proceed with the complaint and inform the complainant accordingly;
(ii) without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature of the
complaint, initiate an inquiry.
CABLE TELEVISION NETWORKS (REGULATION) ACT, 1995
An Act to regulate the operation of cable television networks in the country and for matters connected therewith or
incidental thereto.
Definitions
"cable operator' means any person who provides cable service through a cable television network or otherwise
controls or is responsible for the management and operation of a cable television network;
"cable service" means the transmission by cables of programmes including re-transmission by cable of any
broadcast television signals;
"cable television network" means any system consisting of a set of closed transmission paths and associated signal
generation, control and distribution equipment, designed to provide cable service for reception by multiple
subscribers
"programme" means any television broadcast and includes-
(i) exhibition of films, features, dramas, advertisement and serials through video cassette recorders or video cassette
players;
(ii) any audio or visual or audio-visual live performance or presentation, and the expression "programme service"
shall be construed accordingly;
"subscriber" means a person who receives the signals of cable television network at a place indicated by him to the
cable operator, without further transmitting it to any other person.
Cable television network not to be operated except after registration
No person shall operate a cable television network unless he is registered as a cable operator under this Act:
PROVIDED that a person operating a cable television network, immediately before the commencement of this act,
may continue to do so for a period of ninety days from such commencement; and if he has made an application for
registration as a cable operator under section 4 within the said period, till he is registered under that section or the
registering authority refuses to grant registration to him under that section.
Every cable operator shall submit a report to the Central Government in the prescribed form and manner containing
the information regarding-
the number of total subscribers;
subscription rates;
number of subscribers receiving programmes transmitted in basic service tier or particular programme or set of
programmes transmitted on pay channel, in respect of cable services provided by such cable operator through a
cable television network, and such report shall be submitted periodically at such intervals as may be prescribed and
shall also contain the rate of amount, if any, payable by the cable operator to any broadcaster.
Explanation.- For the purposes of this section……
”addressable system” means an electronic device or more than one electronic devices put in an integrated system
through which signals of cable television network can be sent in encrypted or unencrypted form, which can be
decoded by the device or devices at the premises of the subscriber within the limits of authorisation made, on the
choice and request of such subscriber, by the cable operator to the subscriber;
“basic service tier” means a package of free-to-air channels provided by a cable operator, for a single price to the
subscribers of the area in which his cable television network is providing service and such channels are receivable
for viewing by the subscribers on the receiver set of a type existing immediately before the commencement of the
Cable Television Networks (Regulation) Amendment Act, 2002 without any addressable system attached to such
receiver set in any manner;
”channel” means a set of frequencies used for transmission of a programme;
”encrypted”, in respect of a signal of cable television network, means the changing of such signal in a systematic
way so that the signal would be unintelligible without a suitable receiving equipment and the expression
“unencrypted” shall be construed accordingly;
“free-to-air channel”, in respect of a cable television network, means a channel, the reception of which would not
require the use of any addressable system, to be attached with the receiver set of a subscriber;
“pay channel”, in respect of a cable television network, means a channel, the reception of which by the subscriber
would require the use of an addressable system, to be attached to his receiver set;
Programme code :
No person shall transmit or re-transmit through a cable service any programme unless such programme is in
conformity with the prescribed programme code:
Advertisement code :
No person shall transmit or re-transmit through a cable service any advertisement unless such advertisement is in
conformity with the prescribed advertisement code:
Compulsory transmission of two Doordarshan channels :
(1) Every cable operator shall from the commencement of the Cable Television Networks ( Regulation)
Amendment Act,2000, retransmit at least two Doordarshan terrestrial channels and one regional language channel
of a State in the prime band, in satellite mode on frequencies other than those carrying terrestrial frequencies
(2) The Doordarshan channels referred to in sub-section (1) shall be re-transmitted without any deletion or alteration
of any programme transmitted on such channels.
(3) The Prasar Bharti ( Broadcasting Corporation of India) established under sub-section (1) of section 3 of the
Prasar Bharti (Broadcasting Corporation of India) act,1990 (25 of 1990) may, by notification in the Official
Gazette, specify the number and name of every Doordarshan channel to be retransmitted by cable operators in their
cable service and the manner of reception and retransmission of such channels.
Power to prohibit transmission of certain programmes in public interest
Where any authorised officer thinks it necessary or expedient so to do in public interest, he may, by order, prohibit
any cable operator from transmitting or re-transmitting any programme or channel if, it is not in conformity with the
prescribed programme code referred to in section 5 and advertisement code referred to in section 6 or if it is likely
to promote, on grounds of religion, race, language, caste or community or any other ground whatsoever,
disharmony or feelings of enmity, hatred or ill-will between different religious, racial, linguistic or regional groups
or castes or communities or which is likely to disturb the public tranquility.
Power to prohibit operation of cable television network in public interest
(1)Where the Central Government thinks it necessary or expedient so to do in public interest, it may prohibit the
operation of any cable television network in such areas as it may, by notification in the Official Gazette, specify in
this behalf.
(2) Where the Central Government thinks it necessary or expedient so to do in the interest of the-
(i) sovereignty or integrity of India; or
(ii) security of India; or
(iii) friendly relations of India with any foreign State; or
(iv) public order, decency or morality,
it may, by order, regulate or prohibit the transmission or re-transmission of any channel or programme.
(3) Where the Central Government considers that any programme of any channel is not in conformity with the
prescribed programme code referred to in section 5 or the prescribed advertisement code referred to in section 6, it
may by order, regulate or prohibit the transmission or re-transmission of such programme.
Telecom Regulatory Authority of India Act, 1997
In this Act, unless the context otherwise requires
"service provider" means the Government and includes a licensee;
"Licencee" means any person licenced under sub-section (1) of section 4 of the Indian Telegraph Act, 1885 for
providing specified public telecommunication services;
"telecommunication service" means service of any description (including electronic mail, voice mail, data services,
audio tex service, video tex services, radio paging and cellular mobile telephone services) which is made available
to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of
any nature, by wire, radio, visual or other electro-magnetic means but shall not include broadcasting services.
Powers and Functions of the Authority
recommend the need and timing for introduction of new service provider;
recommend the terms and conditions of licence to a service provider;
ensure technical compatibility and effective inter-connection between different service providers;
regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication
services;
ensure compliance of terms and conditions of licence;
recommend revocation of licence for non-compliance of terms and conditions of licence;
laydown and ensure the time period for providing local and long distance circuits of telecommunication between
different service providers;
facilitate competition and promote efficiency in the operation of telecommunication services so as to facilitate
growth in such services;
protect the interest of the consumers of telecommunication service;
monitor the quality of service and conduct the periodical survey of such provided by the service providers;
inspect the equipment used in the network and recommend the type of equipment to be used by the service
providers;
maintain register of interconnect agreements and of all such other matters as may be provided in the regulations;
keep register maintained under clause (l) open for inspection to any member of public on payment of such fee and
compliance of such other requirements as may be provided in the regulations;
settle disputes between service providers;
render advice to the Central Government in the matters relating to the development of telecommunication
technology and any other matter reliable to telecommunication industry in general;
levy fees and other charges at such rates and in respect of such services as may be determined by regulations;
ensure effective compliance of universal service obligations;
perform such other functions including such administrative and financial functions as may be entrusted to it by the
Central Government or as may be necessary to carry out the provisions of this Act.
THE INFORMATION TECHNOLOGY ACT, 2000 ACT NO. 21 OF 2000
An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other
means of electronic communication, commonly referred to as "electronic commerce", which involve the use of
alternatives to paper-based meth ds of communication and storage of information, to facilitate electronic filing of
documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act,
1872, the Bankers' Books Evidence Act, 1891 and the Reserve Ban of India Act, 1934 and for matters connected
therewith or incidental thereto
Definitions
"access" with its grammatical variations and cognate expressions means gaining entry into, instructing or
communicating with the logical, arithmetical, or memory function resources of a computer, computer system or
computer network;
"addressee" means a person who is intended by the originator to receive the electronic record but does not include
any intermediary;
"asymmetric crypto system" means a system of a secure key pair consisting of a private key for creating a digital
signature and a public key to verify the digital signature;
"Certifying Authority" means a person who has been granted a licence to issue a Digital Signature Certificate under
section 24;
"certification practice statement" means a statement issued by a Certifying Authority to specify the practices that the
Certifying Authority employs in issuing Digital Signature Certificates;
"computer" means any electronic magnetic, optical or other high-speed data processing device or system which
performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses,
and includes all input, output, processing, storage, computer software, or communication facilities which are
connected or related to the computer in a computer system or computer network;
"computer network" means the interconnection of one or more computers through- (i) the use of satellite,
microwave, terrestrial line or other communication media; and (ii) terminals or a complex consisting of two or more
interconnected computers whether or not the interconnection is continuously maintained;
"computer resource" means computer, computer system, computer network, data, computer data base or software;
"computer system" means a device or collection of devices, including input and output support devices and
excluding calculators which are not programmable and capable of being used in conjunction with external files,
which contain computer programme , electronic instructions, input data and output data, that performs logic,
arithmetic, data storage and retrieval, communication control and other functions;
"data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared
or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been
processed in a computer system or computer network, and may be in any form (including computer printouts
magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the
computer;
"digital signature" means authentication of any electronic record by a subscriber by means of an electronic method
or procedure in accordance with the provisions of section 3;
"Digital Signature Certificate" means a Digital Signature Certificate issued under sub-section (4) of section 35;
"electronic form" with reference to information means any information generated, sent, received or stored in media,
magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;
"electronic record" means data, record or data generated, image or sound stored, received or sent in an electronic
form or micro film or computer generated micro fiche;
"function", in relation to a computer, includes logic, control, arithmetical process, deletion, storage and retrieval and
communication or telecommunication from or within a computer;
"information" includes data, text, images, sound, voice, codes, computer programmes, software and data bases or
micro film or computer generated micro fiche;
"intermediary" with respect to any particular electronic message means any person who on behalf of another person
receives, stores or transmits that message or provides any service with respect to that message;
"key pair", in an asymmetric crypto system, means a private key and its mathematically related public key, which
are so related that the public key can verify a digital signature created by the private key;
"originator" means a person who sends, generates, stores or transmits any electronic message or causes any
electronic message to be sent, generated, stored or transmitted to any other person but does not include an
intermediary;
"prescribed" means prescribed by rules made under this Act;
"private key" means the key of a key pair used to create a digital signature;
"public key" means the key of a key pair used to verify a digital signature and listed in the Digital Signature
Certificate;
"secure system" means computer hardware, software, and procedure that- (a) are reasonably secure from
unauthorised access and misuse;
"subscriber" means a person in whose name the Digital Signature Certificate is issued;
"verify" in relation to a digital signature, electronic record or public key, with its grammatical variations and
cognate expressions means to determine whether-
 (a) the initial electronic record was affixed with the digital signature by the use of private key corresponding to
the public key of the subscriber;
(b) (b) the initial electronic record is retained intact or has been altered since such electronic record was so
affixed with the digital signature.
Authentication of electronic records
Subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital
signature.
The authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash
function which envelop and transform the initial electronic record into another electronic record. Explanation.-For
the purposes of this sub-section, "hash function" means an algorithm mapping or translation of one sequence of bits
into another, generally smaller, set known as "hash result" such that an electronic record yields the same hash result
every time the algorithm is executed with the same electronic record as its input making it computationally
infeasible - (a) to derive or reconstruct the original electronic record from the hash result produced by the algorithm;
(b) that two electronic records can produce the same hash result using the algorithm.
Any person by the use of a public key of the subscriber can verify the electronic record.
The private key and the public key are unique to the subscriber and constitute a functioning key pair.
Legal recognition of electronic records
Where any law provides that information or any other matter shall be in writing or in the typewritten or printed
form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been
satisfied if such information or matter is-
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
Legal recognition of digital signatures
Where any law provides that information or any other matter shall be authenticated by affixing the signature or any
document shall be signed or bear the signature of any person then, notwithstanding anything contained in such law,
such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of
digital signature affixed in such manner as may be prescribed by the Central Government.
Explanation.-For the purposes of this section, "signed", with its grammatical variations and cognate expressions,
shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the
expression "signature" shall be construed accordingly. 6. Use of electronic records and digital signatures in
Government and its agencies.