Case Note & Summary
The case involved appeals by the editor, publisher, and printer of a monthly magazine against convictions under Section 153A of the Indian Penal Code for publishing two articles that allegedly promoted enmity between religious communities. The articles, titled 'A tale of two communalisms' and 'Lingering disgrace of history', were criticized for their content, which was deemed to incite hatred between Hindus and Muslims. The appellant argued that the articles were political theses and historical truths, not attacks on any religion. However, the court found that the articles contained inflammatory language and sentiments that could incite communal discord. The court emphasized that Section 153A encompasses promotion of enmity on various grounds, not just religion. The judgment concluded that both articles indeed promoted feelings of enmity and hatred, leading to the dismissal of the appeals and upholding the convictions.
Headnote
A) Criminal Law - Promotion of Enmity - Scope of Section 153A - Section 153A(1) of the Indian Penal Code is not limited to religious grounds but includes race, place of birth, residence, language, caste, or community. The articles in question were found to promote enmity between Hindu and Muslim communities, thus violating the provisions of Section 153A. Held that the articles were not mere political theses but attempts to incite communal hatred (Paras 1083-1086).
Issue of Consideration
Whether the articles published promoted feelings of enmity, hatred or ill-will between different religious groups or communities under Section 153A of the Indian Penal Code.
Final Decision
The Supreme Court dismissed the appeals, upholding the convictions under Section 153A of the Indian Penal Code and confirming the sentences imposed by the lower courts.
Law Points
- Promotion of enmity
- IPC Section 153A
- political thesis
- historical truth
- communalism
Case Details
1980 LawText (SC) (02) 18
Criminal Appeal Nos. 237-238 of 1974
O. Chinnappa Reddy, Ranjit Singh Sarkaria
1980 AIR 763, 1980 SCR (2) 1082, 1980 SCC (2) 402
A. K. Sen, Gobind Das, A. N. Karkhanis, Sridharan, Mrs. S. Bhandare, H. S. Marwah, M. N. Shroff
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Nature of Litigation
Criminal appeals against conviction under IPC Section 153A.
Remedy Sought
The appellant sought to overturn the conviction and sentence imposed by the lower courts.
Filing Reason
The appellant was convicted for publishing articles that allegedly promoted enmity between communities.
Previous Decisions
The convictions were confirmed by the Sessions Judge and the High Court.
Issues
Whether the articles promoted feelings of enmity, hatred or ill-will between different religious groups or communities.
Submissions/Arguments
The appellant argued that the articles were political theses and historical truths, not attacks on religion.
The prosecution contended that the articles incited communal hatred and violated Section 153A.
Ratio Decidendi
The court held that Section 153A encompasses promotion of enmity on various grounds, not limited to religion, and found that the articles in question incited communal hatred.
Judgment Excerpts
Section 153A(1) is not confined to the promotion of feelings of enmity etc. on grounds of religion only, but takes in promotion of such feelings on other grounds as well such as race, place of birth, residence, language, caste or community.
Both the articles do promote feelings of enmity, hatred and ill-will between the Hindu and Muslim communities.
Procedural History
The appellant was convicted by the Additional Chief Judicial Magistrate, Delhi, sentenced to four months imprisonment and a fine of Rs. 1000. The conviction was confirmed by the Sessions Judge, who reduced the fine to Rs. 500, and subsequently upheld by the Delhi High Court.
Acts & Sections
- Indian Penal Code: Section 153A
