INDIAN KANOON SECTION 502 IPC - Indian Penal Code - Sale of printed or engraved substance containing defamatory matter

Description

Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Applicable Offences

1. Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor

Punishment - Simple Imprisonment for 2 Years or Fine or Both
This is a Bailable, Non-Cognizable offence and triable by Court of Session

2. Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter in any other case

Punishment - Simple Imprisonment for 2 Years or Fine or Both
This is a Bailable, Non-Cognizable offence and triable by Magistrate First Class

This offence is compoundable by If against a private person, the person so defamed .

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.