 to the criminal and eieat ion llws amsndmenr bill, 1968(to_b!ll8_int~~u9es! i,n_iqk_s,ibba) 1 page 2, l~e 26,-~fter "containing" " " , 2 page 3, line 4,-for " in" re~ "in" 3 page 6, line 25,-4 page 7, line 3 from bottom,-!g,£ "(amendment)" read "amendment" 5 page 9,'line 26,-~ "with" 6 page 9, line 27,-52m!1 "w i th" 7 page 12, line 5,-m "however" read "whoever"  21 aug 1968 ir "75 ot ina the criminal j\)ld election :la:ws amendment bill, 1968                                           a                                          jml f1t+the, to' amenclthe htclian pencil code the code of c,·tminal pro      fjidlwe 18mtl1td tjte reyyreb'entatttm of the people act 1851 cmci      t6' ~                     4§tti1l:bt prinftng and pulllicafion of cemi,ift of)j:-     ffeindile if'itmfm-s       13'&' it -enacted by parliament in the nineteenth year of the repu;blic of india as follows:-     1 this act may be called the criminal and e1eetion laws amend- short title in~l1t act, r968     j 1ft the bldian penal code ~heremafter referred to as the penal sumdcl'tion cdlcie)  tier semon lssa, the f6u~ tedton iht11 i5ie bttitutecl, o! ~'--                                                                                               lloi'i lor name)y: -                                                                                 t 'l' mcuoo                                                                    -                                                                           '                                                                                       ,                                                                                                isla            "l53a (1) whoever-                                                                                               pl'odlottdj                  (a) by words, either spoken or written, or by mills or ~lly it-           by vtsibte representations or                                                        otherwise,                                                                          ppomotes,                                                                                           or attempts to promote, on grounds of religion, race, place ot birth, residence, language, caste or community or any other ground wha l:;cjc ,et, disharmony or feelings of enmity, hatred or ill-will betwt en different religious, radal, language or regional groups or castes or communities, or 5 ditferent groups on grounds of religion, race, language, place of birth, residence, etc, and doing acts prejudicial to maintenance of harmony (b) commits any act :which is prejudicial 'to the maintenance of harmony between different religious, racial, language or regional groups, or castes, or communities, and which disturbs or is likely to disturb the public tranquillity, shall be punished with imprisonment which may extend toco three years, or with fine, or with both offence committed in place of worship, etc amendment of section (2) whoever commits an offence specified in sub-section (1) 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 shall not be less than two years but which may extend to five years and shall also be is liable to fine" 3 section 505 of the penal code shall be re-numbered as sub-section (1) of that section, andso~ (i) in sub-section (1) as so re-numbered, in the exception, ),0 for the words "of this section", the words "of this 8ub-section" shall be substituted; " (to after sub-section (1) as so re-numbered, the following sub-sections shall be inserted, namely: - statements creating or promoting enmity, hatred or ill-will between dasses "(2) whoever makes, publishes or circulates any state- j5 ment or report containing, rumour or alarming news with intent to create or promq~, or which is likely to create or promote, on grounds of religion, race, place of birth, residence"language, caste or commwlity or any other il'owld "  whatsoever, feelings of enmity hatred or ill  will between ", ; different religious, racial, language or regional groups, or,;o castes or communities, shall be pwlished with imprison  · ment which may extend to three years, or with fln'e, or with both (3) whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly' engaged 3s · ~ the performance of religious worship or religious cere-offence under subsection (3) committed tn plaee of worship etc ·moni~, shall be pwlished with imprisonment which shall · not be less than two" years but which may extend to five years and shall also be liable to fine" 4 in the code of criminal procedure, 1898,-amendment of act, or c' 1898• · (a) in section 196, for the words lithe state government a) 8omeoft\cer empowered 'by the state government in this " behalf", the' words "the state government or district magif trate or such other offtcer as may be empowered by the state government in this behalf" shall be substituted; , ,  (b) in schedule 11,-5 (i) for the entries in columns 1 to 8 relating'to, section 153a, the following entries shall be substituted" n~~ly:-2 3 4 s 6 7 8 10  is3a(i) promoting enmity between classes - , may arrest without  warrant warrant not bailable' ditto imprison- prelidrl'lcy ment of magistrate either' or descrtp-magistrate tionfoa" of the 15 three first years-, " c1ass'l or fine, or both ditto ditto ditto is3a(z) 20 promoting enmity between classe!! in "lace of worship, etc ditto imprison-ditto"; 'medt of ' ,either,'·  ,', descrip-" tion t"6ti' " - , ~~nle:lo'  : yean but ! ·  ·1· myex~ " r , ,~:ed~ri' )' r ~ andtinllj:  (i:; , '' ,  : \'  ,(ii) for the entry in column 3 relating to section -in, the entry "shall not arrest without warrant" shall be subs-, tituted; \  ,; r i  " -(iii) for the entries in columns 1 to 8 relating to section,  50s the following entries shall be substituted, namely:- | ----r------          |  ---                    |  -------   |  ---,    ||-----------------------|-------------------------|------------|----------|| ---~-'-----'          |                         |            |          || -                     | -------             | --         |          || ~                    |                         |            |          || 2                     |                         |            |          || 3                     |                         |            |          || 5                     |                         |            |          || 6                     |                         |            |          || 7                     |                         |            |          || 8                     |                         |            |          || -,_,_, ,_          | __                      |            |          || ~'                    |                         |            |          || -                    |                       |            |          || -~--------------- |                         |            |          || ----------          |                       | --         | ,        ||                      | ditto                   |            |          || not                   |                         |            |          || bailable             |                         |            |          || not                   | impriaol,l-prosidoql:y, |            |          || com-                  | ment                    |            |          || of                    |                         |            |          || m8gj8trat~            |                         |            |          || ~,                    |                         |            |          ||                      |                         |            |          || '                  |                         |            |          || 3s                    |                       |            |          || 5<?s(i)               |                         |            |          || false                 | ditto                   |            |          || statement,'           |                         |            |          || rumoul','             |                         |            |          || "                     | etc,                   |            |          || with                  |                         |            |          || intent                |                         |            |          || to                    |                         |            |          || caus~                 |                         |            |          || mutiny                |                         |            |          || or                    |                         |            |          || offence               |                         |            |          || ~                    |                         |            |          || ;                     |                         |            |          || pound-                |                         |            |          || eitberor              |                         |            |          || ,able                 |                         |            |          || deacrip-              |                         |            |          || ~~e                   |                         |            |          || tion for              | of                      |            |          || the                   |                         |            |          || first                 |                         |            |          || tbree                 |                         |            |          || ·1                   |                         |            |          || ',dais               |                         |            |          || years,"or'            |                         |            |          || fine,                 |                         |            |          || or                    | '                       |            |          || both                 |                         |            |          ||                     |                         |            |          || '),                 |                         |            |          ||                     |                         |            |          || ,                     |                         |            |          || ~                     |                         |            |          || against               |                         |            |          || the~                  |                         |            |          || public                |                         |            |          || peace                |                         |            |          |palh may ditto ,tatantat, arrest ditto ditto imprison-ditto ment of either nunour, without etc, with warrant intedt to description for three yean or fine, or both create~-mit, hatied or ill-wid between dilrerent cj  ea fal ditto ditto statement, imprison-ditto"; ment of is ditto ditto 20  either description for not less than two yean but i11q' fextend to five years, and fine nunour, etc, mad in placa of wonhi~ ~tc • with integt to create enmity, hatred or in-will  (tv) for the entries in columns 3 and 7 relating to section 50s as applicable to "criminal intimidation" (first paragraph), th~ entries "shall not arrest without warrant" and "imprillonment of either description for 2 years, or fine, or both" shall, respectively, be substituted 30 amtadnaent of iec:tklft t i in section 8 of the representation of the people act, 1951, in  3 of j9s i - bub-section (1), for the words, figures and letters "section 171e or action 171, of the indian penal code", the words, figures and letters llsection 153a or section 171e or section 171f or sub-section (2) or iub-lection (3) of section &05 of the indian penal code" sha1l3,s be substituted power to t (n the central government or a state government or any =:::pre-! authority so authorised by the central government in this behalf, if publiclitiona satisfied that such action is nece"jsary for the purpose of preventing or combrting any activity prejudicial to the maintenance of com- 40 munal harmony and affecting or likely to affect public order, may, by order in writing addressed to the printer, publisher or editor, pre1llbtt th' prmting or publication of any document or any class of goowml'lu of _, matier relating to a particular subjeet or class of ~ for a specified period or in a particular issue or issues of a 45 l'1ewlptlper er periodical: provided that no such order shall remain in force lor more tho twe •• fttrs from the making thereof: provided further that the person against whom the order haa been made may, within ten days of the communication of die order, make a representation,-(i) to the central government, where luch order is made 5 by the central government or any authority authorised by it; and (ii) to the state government, where such order is made by the state government, ::jnd the central government or the state government, as the case 10 may be, may, after consultation with a committee, to be known as press consultative committee, dispose of the matter, modifying, confirming or rescinding the order (2) in the event of disobedience of an order made under subsection (1) the central government or the state government or is the authority issuing the order, as the case may be, may, without prejudice to any other penalty to which the person guilty of the disobedience is liable under this act or under any other law for the time being in force, order the seizure of copies of the publication made in violation of an order made under sub-section (1), and of 20 any printing press or other instrument or apparatus used in the publication 7 whoever contravenes, disobeys or neglects to comply with any penalty order made under section 6 of this act, shall, on conviction, be punished with imprisonment of either description which may extend 25 to one year, or with fine up to one thousand rupees, or with both 8 (1) a press consultative committee referred to in the se('ond compo~ition proviso to sub-section (1) ot section 6, shall consist of such number cro~~~lf:ti~e of persons, being editors, publishers anel joumallsts, as may be committee 'bed bid d tho _ and rules in presen y ru es rna e un er is ~nlon respect ther~f 30 (2) the central govemment may make rules for the constitution of press consultative committees, the term of oftlce of the members of such committees, the allowances, it any, to be paid to such memben for attencljng the meetings of the committee and the manner of ftjung casual vacancies among them and inr all matters 35 eonnected therewith or incideatal thereto (3) in particular, and without prejudice to the generality of the foregoing power under sub-section (2), such rules may provide for au-or any of the following matters, namely:-(a) the number of persons who may be appointed as members of a press consultative committee and the class or category of 5 persons from whom iuch members are to be appointed;' (b) the authority or authorities which may make such appointments; (c) the procedure to be followed by the central government or the state government, as the case may be, in consulting the 10 press consultative committee; (d) the procedure to be followed by the press consultative, committee; (e) any other matter for which rules have to be made for enabling the press consultative committee to function is (4) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, 20 both houses agree in makiag any modification in the rule or both houses agree that the rule should not be made, the rule shall thez:eafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done 25 under that rule  statement of objects and reasonspursuant to the acceptance by the government of the recommendations of the national integration council to prevent and remove communal and regional tensions, it is proposed to amend sections 153a and 505 ipc and schedule ii of the code of criminal procedure with a view to amplifying the scope of these sections, providing enhanced punishment for offences under these sections committed in a place of worship, and making offences under sections 153a ipc and 505 ipc (only offences relating to enmity or hatred between communities, etc) cognizable 2 a provision is also being made whereby offences under section 153a and provision made in the bill under section 505 !pc would constitute a disqualification under section 8 of the representation of the people act, 1951 3 the national integration council had also recommended that powers should be taken to prevent the publication of alarming, incorrect or provocative news or views likely to promote communal ill-will or hatred or to disturb communal harmony, and had suggested that this may be done on the lines of provisions of section 2 of the punjab special powers (press) act, 1956 a provision has accordingly been made in this bill to prohibit the printing or publication of any matter fora specified period not exceeding two months if the central government or the state government is satisfied that such action is necessary in the interest of maintenance of communal harmony new delw; y b chavan the 30th july 1968  president's recommendation under article 117 of the constitution of india[copy of letter no 221 15 i 68-polll (a) , dated the 21st august 1968, from shri y b chavan, minister of home affairs to the secretary, lok sabha] the president, having been informed of the subject matter of the  riminal and election laws (amendment) bill, 1968, recommends )nsideration of the bill in the lok sabha under article 117 (3) of r'le constitution of india clause 2··-promotine enmity between different groups on grounds of religion, race, language, etc, is made an offence un'der section 15la of the indian penal code it is proposed to include therein promoting enmity between different groups on grounds, such as, place of birth, or residence as well it is also proposed to widen the scope of the provision so as to make promotion of disharmony or feelings of ill-will an offence punishable thereunder clause (b) of the said s€ction provides for the punishment for doing acts prejudicial to the maintenance of harmony between different groups that provision is also proposed to be widened so as to include acts prejudicial to the maintenance of harmony between difterent regional groups as well i t is also proposed to provide for enhan<:ed punishment and a minimum punishment for any such offence committed in place of worship the section is heini iubstituted by this clause to achieve the above purpose clause 3--section 505 of the indian penal code penalises the making, publishing or circulation of any statement, rumour or report whith is conducive to public mischief, the section does not deal specifically with rumours or alarming news which may create tension or· ill-will between different communities so long as they are not intended or likely to incite commission of an offence new sub-osection (2) which is being inserted is intended to widen the scope of the section so as to include such rumours or alarming news with intent 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, as well it is also proposed to provide for enhanced punishment and a minimum punishment for any such offence committed in place of worship, section 505 is being amended for this purpose clause 4-section 196 of the criminal proee<iure code provides that certain offences including an offence under section 153a of the indian penal code shall not be taken cognizance of by a court unless upon a complaint made by order of, or under authority from the state government or some officer empowered by the state government in this behalf it is proposed to amend 151e section 10 as to empower the district magistrate to a'u~rise prosecution schedule ii of the crimine-l procedure code· is  being amended with a view to make oftenees under section 1~3a and section 105 (id  , i 8 60 far as they relate to offences relating to enmity or hatred between communities, etc) of the indian penal code cognizable and nenbailable clause 5--section 8 of the representation of the people act deals with the disqualification of a candidate who is convicted for certain offences the section is being amended so as to make a collviction for an offence punishable under section 153a and section 505 of the indian penal code (offences relating to enmity or hatred between communities, etc) a disqualification the scope of the disqualification in relation to section 50s would extend also to convictions under the above-mentioned sections for making objectionable use of places of worship as well clause 6-this is intended to empower the central government or a state government or any authority authorised by the central government to curb publications prejudicial to the maintenance of communal harmony it is intended to enable the concerned government to prohibit, for a period not exceeding two months, the printing or publication of alarming, incorrect or provocative news or of views likely to promote communal ill-feeling or hatred or to disturb conununal harmony it also provides that the person so affected can make a representation within ten days to the central or the state government, as the case may be, and that government after consultation with press con9ultative committee dispose of the matter, modifying, confirming or rescinding the order clause 7 is intended to provide for a penalty of imprisonment of either description which may extend to one year or with fine up to rupees one thousand or with both for an accused who contravenes, disobeys or neglects to comply with any order passed under clause 6 clau3e 8 gives broadly the composition of the press consultative committee which would consist of editors, publishers and journalists and empowers the central government to make rules for the constitution of the committees, the term of office of the members of the committees, the allowances, if any, to be paid to such members for attending the meetings of the committees and the manner of filling casual vacancies among them and for all matters connected therewith or incidental thereto the rules would also specify the number of members of each committee, the class or category of persons from whom such members are to be appointed, the authority or authorities which may make such appointment, the procedure for consulting the committee and the proc'edure to be followed by the press consultative committee it also provides for laying on the table of each house of parliament rules so made and the rules are subject to the approval of parliament  clause 6 of the criminal and election laws amendment bill, 10ea provides for consultatiop by the gover~ment with the press consultattve committet! clauses of the bill provides for the constitution of such a committee the member$ where ot will be appointed by th~ prescribed authority 'nte e]!:penditure is pot expected to be large and is not ljkely to exceed rs 18,400 (recurrine) annually ' clause 8erf the 9il1~wel's the cel'itrtl o~1tient to make rules for the constitution of tm preiiil consultative committee 'l1le matters in respect of which rules may be made relate inter alia to the term of office of the members of the committee, the allowances";' if any, to be paid to such members for attending the meetings ot the committee and the manner of filling casual vacari~ amon'g them and for all matters connected therewith or incidental thereto the rnles would also specify fhe numdet- of members of tlle committee, the dass 01' category of ~ons from whom such members are to be appointed, the authority or attthorities which may make such appointment, the procedure for consulting the comtnittee and' the procec!ut~ to be fonowed by the press consultative committee these matters pertaining to procedure or detail are necessary for the effective admimistration of the provisions ofthij bill and &os such the delegation of legislative power is of a ftormel cltuacter , 1  annexure-  erntacts prom the indian pual code, 1860 (46 of 1860) - • 153a however- •(a) by words, either spoken or, written, or by signs or by visible representations or otherwise, prom()tes, or attempts to promote, on grounds of religion, race, language, cast~or community or any other ground whatsoever, feelings of enmity or hatred between different religious, racial or language groups or castes· or communities, or promotin& enmity between di1fcrent groups on grounds of religion, race, language, etc, and doing acts prejudicial to maintenance of harmony (b) commits any act which is prejudicial to the maintenance  of harmony between difterent religious, racial or language groups or castes or communities and which disturbs or is likely to disturb the public tranquillity, shall be punished with imprisonment which may extend· to three years, or with fine, or with both  - - - - - 505 whoever makes, publishes or circulates any statement, rumour or report,-statements conducing to public mischief (a) 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 (b) 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 tranquillity; or (c) 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 ~x~eptjort-it does not amount to  -n o1fence, withinth meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes, or circulates it without any such intent as aforesaid  - - - -  exrtacts from nu: codb or criminal procj:dud, 1898 (501' 1898)4~ of 1860 118 no court shall take cognizance of any offence punishable prosecution under chapter vi or ixa of the indian penal code (except section for oft'edcetih     galnet t c 127 and section 171f, so far as it relates to the offence of personation, state or punishable under section l08a, or section 153a, or section 294a, or section 295a, or section 505 of the same code, unless upon complajnt made by order of, or under authority from the state governnient or ome officer empowered by the state government in thi behalf  schedule ii tabular statement of offencesexplakatoily note-the entries in the second and seventh columns of this schedule, headed respectively "offence" ~d "punishment under the indian penal code", are not intended  definitions of the offences and punishments described in the several corresponding sections of the indian penal code or even abstracts of those sections, but merely as references to tile subject of th'e section, the number of which is given in the first column  the third column of this schedule applies also to the police in the· towns of calcutta and bombay 2 3 4 5 6 7 8 section oft'ence whether whether whether whether punish-by what tbe aw~t bailcompoundment court police or a twaable or ,ie or under triable may modi shall not not the arroit ordinarily indian without itne in penal warrant tbe fint code or dot inuance is3 a promot-shaudot warrant nl1t ball-ditto imprison- presidency ~ enanai" able ment m~ate ty bet- witbout of or itween warrant either trate of clanes desert the fint tidil ",'1 2 yearl, 01'  ortloth "  owjlct ,or dittq summodi ubie: dit> jliiie r hetidenoccupier 1,q90 cy m,ileftd, nsprs trite or datt"'-~ti'te idaof the  :·'first or of riot,  8ijdii etc c1,,~s  chaptu xxii-ciumlnal intimidation, insult and amfoyance- - - - - sos fake ditto ditto not bail- not com-ditto presidency blalt-,  poundable  m1t:;!lte jdcdt, ruor 11-maur, etc, trate of circulatell the first with d  intent to '~ jwlrid¥ or, otrenc:e 506 criminal diteo dhtal ~ comp-o intinilable dation or trate of llae fintor second (43 or 1951) - - - - -  chapter iii dulqualincations 1"or muoership or parliament and state lzgislatuus - • - • •of 1860 8 (1) a person convicted of an offence punishable under section diqulllflc:a-171e or section 171f of the indian penal code, or under section 125 ~~ion or section 135 or clause (a) of sub-section (2) of section 136 of this fe; certain act shall be disqualified for a period of six years from the date of 0 enc such conviction   - - - a bill further to amend the indian: penal code, the code of criminal procedure, 1898 and the representation of the people act, 195 i and to provide against printing and publication of certain objectionable matters 896~ 9nv l ~ (shri y b chatjan, minister of home adairs) 