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Judgment Search Results Home > Cases Phrase: the police incitement to disaffection act 1922 Page 1 of about 414 results (0.090 seconds)

Nov 18 1959 (HC)

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. ..... 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 ..... of the constitution raises the question as to the validity of section 3 of the police (incitement to disaffectio n) act beig act no. ..... would not, therefore, be objectionable for a person to commiunicate his view which disapprove the measures of government, both administrative and otherwise, with a view to have them changed by lawful means and which are not communicated for the purpose of causing disaffection, and similarly things done in good faith with the object of ameliorating the interests and the conditions of a member of the police force are not objectionable. ..... (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 ..... . 145(2) of the bombay police act and that therefore incitement to commit such an offence must be held to be protected by clause (2) of art. .....

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Jul 01 2013 (SC)

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. ..... ramasamy, the then inspector of police, fairlands police station, who was dealing with the said criminal case after consulting the assistant prosecutor, murugesan and going through the cd file opined that there was no necessary ingredients available to curb and hook-up the appellant, n.sengodan under section 3 of the police (incitement to disaffection) act, 1922 and section 505(1)(b) of the ipc and therefore, advised to drop further action. ..... a case (crime no.11/98) was registered in the fairlands police station, salem for the offence under section 3 of the police (incitement to disaffection) act, 1922 and section 505(1)(b) of the ipc, relevant portion of which reads as under: in the court of judicial magistrate no.5, salem crime no.11/98, fairlands police station, first infomration report. ..... 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. .....

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Sep 23 2003 (HC)

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 1.1.91. ..... government advocate stated that there has also been contravention of section 3 of the police (incitement to disaffection) act, 1922. ..... the aforesaid provision contained in the act prescribes that whoever intentionally causes or attempts to cause or does any act which he knows is likely to cause disaffection amongst the members of the police force shall be punished with imprisonment as prescribed. ..... - 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.'8. .....

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Nov 20 1981 (HC)

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. ..... 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 said case was registered under section 3 of the indian police (incitement of disaffection) act of 1922. ..... the 1st detenu as the president of the association brought to the notice of the commissioner of police on 5-10-81 that the problem required immediate solution, that all oppressive actions taken against the members should be withdrawn immediately and that the association, which represents the substantial majority in the department (n.g.os) has to be recognised. 2. ..... 4 of the police force (restriction of rights) act, 1966 and s. ..... the lower cadre of the police department was very much exploited and the service conditions virtually deprived them of all human rights. ..... 24-8-1981 of the police station, meer chowk) alleging that he and some others demonstrated before his office. ..... 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. .....

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Feb 25 1969 (HC)

Jai NaraIn and ors. Vs. State

Court : Delhi

Reported in : 5(1969)DLT648

..... , indian penal code; (b) they were guilty of causing or attempting to cause or doing any act knowing that such act is likely to cause disaffection towards, the government established by law in india by the members of police force or inducing or attempting to adduce or doing acts knowing that such acts were likely to induce any member of police force to withhold his services or to commit breach of discipline in voilation of section 3 of the police (incitement to disaffection) act, 1922: and (c) they also committed offences under section 4 of the police force (restriction of rights) act, 1966, and section 7 of the criminal law amendment act. ..... 36 persons are being tried separately and are alleged to have committed offences under section 188, indian penal code, section 3 of the police (incitement to disaffection) act, 1922, and section 4 of the police force (restriction of right) act, 1966. mr. ..... there are nine other petitioners against whom the first complaint is for violation of section 188, indian penal code, and section 3 of the police forces (incitement to disaffection) act, 1922. ..... 27 persons are being tried under section 188, indian penal code, section 3 of the police (incitement to dissaffection) act. ..... 1922, and section 4 of the police force (restriction of rights) act, 1966. .....

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Aug 01 1947 (PC)

In Re: A.K. Gopalan Nambiar Alias A.K. Gopalan

Court : Chennai

Reported in : AIR1948Mad270; (1947)2MLJ376

..... section 3 of the police (incitement to disaffection) act, 1922, runs as follows:whoever intentionally causes or attempts to cause or does any act which he knows is likely to cause disaffection towards his majesty or the government established by law in british 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, ..... of the police (incitement to disaffection) act 1922, and sentenced to rigorous imprisonment for four months by the sub-divisional magistrate, ..... can be no doubt that the general trend of the speech was not only an attack on the police but was also calculated to create disaffection among them against the government and also to incite them to go on strike. ..... my opinion it is not necessary that the words should be addressed directly to the members of the police to attract the application of section 3 of act xxii of 1922. ..... it is obvious that the speaker must have intended that his words should reach the members of the police force so that they may act according to his appeal ..... pressed before me was that the speech was not addressed to the members of the police force and the evidence shows that the only policeman present was p.w. ..... the speech would therefore fall within section 3 of act xxii of 1922 .....

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Jul 11 1985 (SC)

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)

..... shall withdraw from the duties of his office without permission, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of the leave or who engages himself without 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 of a police force .....

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Feb 06 1995 (HC)

Ranjitsinh Sabaalsinh Rathod Vs. State of Gujarat

Court : Gujarat

Reported in : (1995)2GLR1845

..... the accused was also charged for the offence punishable under section 3 of the police (incitement to disaffection) act, 1922 ..... the trial court, on assessment and consideration of the facts and the circumstances and the evidence emerging from the record, found that the accused who is the appellant herein, is not guilty for the aforesaid offences, and therefore, the accused came to be acquitted from the said charges for the offences under sections 3 and 7 of the prevention of damage to public property act and also under section 3 of the police (incitement to disaffection) act under the provisions of sections 397 and 189 of the ..... the prevention of damage to public property act, and also under section 3 of the police (incitement to disaffection) act ..... the spreading of disaffection among the police and other kindred offences, this act ..... the mischief and serious illegal actions alleged to have been committed by the accused who was on strike and that too in the police chowky, where he was working as a police constable, the charge under section 3 of the police 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 .....

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Jan 19 1974 (HC)

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1975CriLJ1891

..... which makes the police (incitement to disaffection) act, 1922 applicable to members of the force, in our opinion, however, the very fact that under section 14 of the act. ..... section 18 lays down that the police (incitement to disaffection) act, 1922 shall apply to members of the force as it applies to members of a police force. ..... a member of the railway protection force has to make over the person arrested to a police officer or a police station shows that despite some powers of arrest and search given to the r p f, and despite extending the provisions of the police (incitement to disaffection) act. ..... 'police officer' used in the section is not to be understood in any technical sense, but includes an officer who is vested with the powers of the police by law...taking the other sections of the act under which he has sot certain limited powers of arrest and search along with the powers contained in the criminal procedure code, which a police officer in charge of a police station is able to exercise, it is clear to my mind that the officer contemplated by section 41, sub-section (1), is virtually in the same position as a police officer with regard to the investigation of the offences under the abkari act. .....

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Sep 08 1982 (HC)

Tukaram Bhau Mane Vs. State of Maharashtra

Court : Mumbai

Reported in : (1983)85BOMLR115; 1983MhLJ317

..... that was a case where the applicant was charged under section 3 of the police (incitement to disaffection) act, 1922, with having intentionally caused or done an act which he knew likely to cause disaffection towards the government established by law in india amongst the members of the police force or with inducing the members of the police force to withhold their service or commit a breach of discipline. ..... of the state. ..... in the said paragraph it is expressly stated that the appellant had withdrawn from duty in concert with other members of the police force and had further acted in defiance of authority and also instigated his fellow constables to withdraw from duty and to wilfully disobey the orders of the superior officers and had participated in illegal activities along with other members of the constabulary in the city of bombay and that he had by his various acts of commission and omission disturbed public order and endangered the security .....

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