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Krishna Gopal Singh and ors. Vs. State of U.P.

Court : Supreme Court of India

Reported in : AIR2000SC3616

..... pradeshik armed constabulary act, 1984 and section 3 of the police (incitement to disaffection) act, 1922.3. ..... also cannot be pressed into service as none of the appellants is alleged to have committed any act 'with intent to cause or knowing that he is likely to cause, wrongful loss or damage to the public or to any person'.the offence of mischief as defined in section 425 can be established only with strength of the allegations covering the ingredients enumerated in the said section.learned counsel for the state has fairly conceded that the allegations in the charge are lacking as ..... the provisions under which appellants were convicted are the following:section 148, section 395, section 427 read with section 149 of the indian penal code; section 6(b) and section 6(c) of the u.p. ..... but accepting the entire allegations against appellants to be true we fail to notice any material to bring the offence within the contours of the definition under section 390 (robbery) i.p.c. ..... in view of the aforesaid deficiency learned counsel for the respondent state could not persist with his contention for sustaining the conviction under section 395 of the indian penal code. ..... we may note that regarding the said offence it has been fairly conceded that there is no allegation whatsoever for bringing the acts of the appellants within the purview of the aforesaid provision.8. ..... that sub-section reads thus:6.more heinous offences ..... if so, appellants cannot be convicted of the offence under section 427 either.6. .....

indulal K. Yagnik Vs. State

Court : Mumbai

Reported in : (1960)62BOMLR206

..... ' on this speech the petitioner was charged with having committed an offence under section 3 of the police (incitement to disaffection) act, 1922. ..... (4) for the purposes fo this application we will assume that the aforesaid speech made by the petitioner falls under the mischief of section 3 of the police (incitement to disazffection) act, 1922.(5) mr. ..... 228 of the constitution raises the question as to the validity of section 3 of the police (incitement to disaffectio n) act beig act no. ..... (12) section 3 of the act reads:'whoever intentionally causes or attempts to cause, or does any act which he knows is likely to caue, disaffection towards the government established by law in india amongst the members of a police-force, or induces or attempts to induce, or does any act which he knows is likely to induce, any member of a police-force to withhold his services or to commit a breach of discipline shall be punished with imprisonment....... ..... thus the freedom of the right of the speech and expresion is curtailed to limited extent in so far as it is used to cause disaffection in reference not to all persons as in the case of section 124-a of the penal code but to a limited and special class of persons, namely, the members of police force. ..... 2(11) a 'police officer' as 'meaning any member of the police force appointed or deemed to be appointed' under that act and includes a special or an additional police officer appointed under section 21 or 22 of the act. s. .....

Dalbir Singh and ors. Vs. the State of Punjab

Court : Supreme Court of India

Reported in : AIR1962SC1106; [1962]Supp3SCR25

..... 3 of the pepsu police (incitement to disaffection) act (act 1 of 1953), which will be referred to hereafter as the impugned act. 2. ..... 3 of the impugned pepsu police (incitement to disaffection) act which appellants 1, 2 and 4 were found to have violated and for which they were sentenced to a term of imprisonment. 4. ..... 19(2), learned counsel laid stress on the fact that the impugned section made it an offence to induce a member of the police force to 'commit a breach of discipline', laying special emphasis on the fact that the words 'breach of discipline' besides being vague, might include within itself acts which might be innocent as well as others of varying degrees of culpability. 13. ..... 19(1)(a), the submission being that the section was not saved by art. 19(2). 9. ..... it is the 3rd section of this enactment whose validity is challenged in this appeal and that reads : '3. ..... section 33 of the ordinance runs : 'whoever induces or attempts : to induce any public servant or any servant of local authority to disregard or fail in his duties as such servant shall be punishable with imprisonment which may extend to one year or with ..... there are other provisions which are contained in the other sub-sections of s. ..... section 3 of this enactment provided : 'the power of the legislature of the state of patiala and east punjab states union to make laws which has been declared by the proclamation to be exerciseable by or under the authority of the parliament is hereby .....

Kartar Singh Vs. Union of India, Etc.

Court : Delhi

Reported in : ILR1983Delhi446

..... he was arrested in the police agitation and placed under suspension on 15-4-1967 and cases under sections 18811471353 indian penal code , 7/33/32 criminal law amendment act, 3133166 police restriction of rights act, section 29, of the police act, section 322122 of police (incitement to disaffection) act, section 7 of the essential services maintenance order, were instituted against him. ..... it is true that when a police officer indulges into agitation, it may perhaps be difficult to say that his suspension was unjustified. ..... (2) that he should be deemed to have been confirmed as head constable with effect from 16-8-1965 in terms of rules 13.18 of punjab police rules. .....

Shashidhar and Others Vs. State of Karnataka, Bangalore

Court : Karnataka

..... under section 439 code of criminal procedure, 1973, praying to enlarge the petitioner on bail in crime no.160/2016 of yelahanka new town police station, bangalore city for the offence punishable under sections 166, 109, 120b, 124a of ipc and section 5 of the essential services maintenance act, 1981; section 4 of police (incitement of disaffection) act 1966 and section 4 of police forces (restriction of rights) act, 1966 ..... respondent - police are said to have registered an first information report in crime no.160/2016, for offences punishable under sections 166, 109, 120b, 124-a of the indian penal code, 1860 (hereinafter referred to as the 'ipc', for brevity), section 5 of the essential services management act, 1981, section 4 of the police (incitement to disaffection) act, 1966 and section 4 of the police forces (restriction of rights) act, 1966 ..... contended that the provisions of the essential services maintenance act, 1981, the police (incitement to disaffection) act, 1981 and the police forces (restriction of rights) act, 1966 are only applicable to persons who are members ..... counsel for the petitioner in crl.p 5075/2016, would contend that in order to attract section 124-a of the ipc, there must be an intention to create disorder or to incite people to violence either by words, spoken or written, or by signs, or by visible representation, or otherwise brings or attempts to bring into hatred or contempt, or attempts to excite disaffection towards the government established by law. .....

Sri Kamala Lochan Nayak Vs. State of Orissa and ors.

Court : Orissa

Reported in : 97(2004)CLT19

..... the delinquent as a result of the circulation of 'barta' had produced breach of discipline among members of the force and hence the charge of creating disaffection stands as per the definition of disaffection given in the police (incitement to disaffection) act, 1922.xx xx xx the following facts have been proved by the prosecution : (i) the delinquent c/689 kamal lochan nayak was posted in the head quarters a. p. r. on ..... accepts the contention of the department that there are one or two sentence which may be interpreted against the department, such a major punishment was not called for as the petitioner had no intention of causing disaffection among the force and issuance of such a booklet was with the intention of making the members of the association aware of the achievements of the association during the tenure of the petitioner and the works that ..... advocate stated that there has also been contravention of section 3 of the police (incitement to disaffection) act, 1922. ..... - whoever intentionally causes or attempts to cause or does any act which he knows is likely to cause, disaffection towards the government established by law in india amongst the members of a police-force, or induces or attempts to induce, or does any act which he knows is likely to induce, any member of a police-force to withhold his services or to commit a breach of discipline shall be punished with imprisonment which may extend to six months, or with fine which may extend to two hundred rupees, or with both .....

Joseph BaIn D'souza and another Vs. State of Maharashtra and others

Court : Mumbai

Reported in : 1995(2)BomCR317; (1995)97BOMLR909; 1995CriLJ1316

..... r/w 3 police incitement to disaffection act, 1992. ..... if one reads the article published on 9-12-1992 as a whole, though some caustic language is used, the dominent impression which the reader is likely to carry is definitely not ill-will, spite or hatred towards muslims in general but it may carry ill-will and hatred against unlawful behaviour of anti-national muslims including leaders like imam bukhari ..... therefore, in the said case the said article, as held by the supreme court, was within the purview and ambit of section 153a and 153b of the code, as the said article had a tendency to create ill-will in spite and hatred against muslims ..... arising for resolution in this writ petition is 'whether there are reasonable grounds to hold that cognizable offences under sections 153a and 153b of the indian penal code, hereinafter 'the code', have been committed by respondent nos. ..... ' if we take into consideration the article as a whole, it is clear that the criticism is against anti-national or traitors section of muslims and their selfish leaders who are creating rift between hindus and muslims and in the aforesaid portion reference is also made that muslims should understand the sentiments of ..... in order to see as to whether the said articles come within the ambit or purview of sections 153a and 153b of the code, we have to read the articles as a whole and not ..... and 4 intend to rely upon to show that in fact provisions of sections 153a and 153b are not attracted is as under :- ''samna', 2nd .....

N.Sengodan Vs. Secretary to Govt.Home Chennai and ors.

Court : Supreme Court of India

..... on the basis of the above said report, received by me, i registered a case in crime no.11/98 on the file of fairlands police station for the offence under section 3 of the police (incitement to disaffection) act, 1922 and section 505 (1)(b) ipc and sent the copies of the first information report to the concerned officials and taken the case on file for investigation. sd. ..... the grounds of arrest he informed is that a case has been registered at his station in crime no.11 of 1998 for offences under section 3 of the police (incitement to disaffection) act, 1922 and under section 505(1)(b) ipc and that the same was under investigation. ..... based on the said news item, on 6th january, 1998, the 3rd respondent, ramasamy, the then inspector of police, fairlands police station, salem city had registered a case in crime no.11/98 for offence under section 3 of the police (incitement to disaffection) act, 1922 and section 505(1)(b) of the indian penal code. ..... the 4th respondent, e.gopi, is former inspector of police, sooramangalam police station, salem city on whose complaint a case in crime no.11/98 was registered against the appellant under section 3 of the police (incitement to disaffection) act, 1922 and section 505(1)(b) of the indian penal code.4. .....

Union of India and anr. Vs. Tulsiram Patel and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)

..... authority in any employment other than his duty as a member of the force, or who shall be guilty of cowardice, shall, on conviction, be punished with imprisonment for a term which may extend to six months.under section 19 of the cisf act, the police (incitement to disaffection) act, 1922, applies to supervisory officers and members of the cis force as it applies to members ..... justice' is now so well understood in england that it has been used without any definition in statutes of parliament, for example, in section 3(10) of the foreign compensation act, 1969, and section 6(13) of the trade union and labour reforms act, 1974, which was later repealed by the trade union and labour relations (amendment) act, 1976. ..... the opinion of their lordships, no action is proposed within the meaning of the sub-section until a definite conclusion has been come to on the charges, and the actual punishment to follow is ..... though the two rules of natural justice, namely, nemo judex in, causa sua em audi alteram part, have now a definite meaning and connotation in law and their content and implications are well understood and firmly established they are none the less ..... the definition of 'public utility service' in clause (n) of section 2 of the industrial disputes act, 1947, ..... justice, however, apply not only to legislation and state action but also where any tribunal, authority or body men, not coming within the definition of 'state' in article 12, is charged with the duty of deciding a matter. .....

C. Krishna Reddy and anr. Vs. Commissioner of Police, Hyderabad and or ...

Court : Andhra Pradesh

Reported in : 1982CriLJ592

..... and section 4 of the police force (restriction of rights) act of 1966 and section 3 of the police (incitement to disaffection) act of 1922. ..... the said case was registered under section 3 of the indian police (incitement of disaffection) act of 1922. ..... he also urged that the police (incitement to disaffection) act 1922 is not applicable to the city of hyderabad. ..... 3 of the police (incitement to disaffection) act, 1922 at mirchowk police station and that the same is pending investigation. ..... 3 of the police (incitement to disaffection) act, 1922 against the detenus. 5. mr. p. m. ..... the 1st respondent (commissioner of police) swooped down upon the detenus with the aid of central reserve police and arrested the detenus under section 151 cr.p.c. ..... ' the language used in section 8(1) of the maintenance of internal security act is similar to the language used in section 8(1) of the national security act, 1980. ..... the detention is beyond the scope of section 3 of the national security act and has no nexus to the security of the state or for maintenance of public order and maintenance of essential supplies. 4. ..... therefore, similar construction has to be placed on the language used in section 8(1) of the national security act, 1980. ..... in the above case also the question was whether the date of arrest or detention shall be included or excluded in computing the period of 5 days under section 8(1) of the maintenance of internal security act. ..... 4 of the police force (restriction of rights) act, 1966 and s. .....