Security for good behavior from persons disseminating certain matters
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Summary
When an Executive Magistrate receives information that someone is intentionally disseminating or circulating punishable material, such as obscene matter, statements about a judge that amount to criminal intimidation or defamation, or other offences listed in law, the Magistrate may require that person to show cause. If satisfied there are sufficient grounds, the Magistrate can order the person to execute a bond or bail bond for good behaviour for up to one year. Editors, proprietors, printers or publishers of registered publications are exempt unless the State Government or an authorised officer allows proceedings.
Example
Priya posts repeated social media messages accusing a local judge of bias and threats. On receiving information, the Executive Magistrate can require Priya to show cause why she should not be ordered to execute a bond. If the Magistrate finds sufficient grounds, Priya may be ordered to give a bond or bail bond for good behaviour for up to one year.
Bare Act
Enacted text(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,-
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,-
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(a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023; or
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(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023;
(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
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