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INDIAN KANOON SECTION 505 IPC - Indian Penal Code - Statements conducing public mischief


Description

  1. Whoever makes, publishes or circulates any statement, rumour or report
    1. 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
    2. 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
    3. 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. Statements creating or promoting enmity, hatred or ill will between classes
    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 different 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. Offence under sub-section (2) committed in place of worship, etc.

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.


Applicable Offences

1. False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace

Punishment - 3 Years or Fine or Both
This is a Non-Bailable, Non-Cognizable offence and triable by Any Magistrate

2. False statement, rumour, etc., with intent to create Enmity, hatred or ill-will between different classes

Punishment - 3 Years or Fine or Both
This is a Non-Bailable, Cognizable offence and triable by Any Magistrate

3. False statement rumour, etc., made in place of worship etc., with intent to create enmity hatred or ill-will

Punishment - 5 Years + Fine
This is a Non-Bailable, Cognizable offence and triable by Any Magistrate

This offence in NOT compoundable.

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.


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