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CrPC Section-108 - Security for good behaviour from persons disseminating seditious matters

Description

(1) When an Executive Magistrate receives information that a person within his local jurisdiction, whether inside or outside the jurisdiction, is:

  • Intentionally disseminating, attempting to disseminate, or abetting the dissemination of any matter the publication of which is punishable under Section 124A, Section 153A, Section 153B, or Section 295A of the Indian Penal Code (45 of 1860); or
  • Intentionally disseminating 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 Indian Penal Code; or
  • Making, producing, publishing, keeping for sale, importing, exporting, conveying, selling, letting to hire, distributing, publicly exhibiting, or in any other way circulating any obscene matter as referred to in Section 292 of the Indian Penal Code (45 of 1860),

and the Magistrate is of the opinion that there are sufficient grounds to proceed, the Magistrate may, in the manner specified hereinafter, require the person to show cause why they should not be ordered to execute a bond, with or without sureties, for their good behavior for a period not exceeding one year, as the Magistrate deems fit.

(2) No proceedings shall be initiated under this section against the editor, proprietor, printer, or publisher of any publication that is registered under the Press and Registration of Books Act, 1867 (25 of 1867), and is edited, printed, and published in accordance with the rules laid down in that Act, with respect to any matter contained in such publication, except by order or under the authority of the State Government or an officer empowered by the State Government.

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