Case Note & Summary
The petitioners, a television news company and its correspondents, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash criminal proceedings pending before the Special Court for CBI Cases. The background involved an incident on 02-03-2012 at the City Civil Court complex, Bengaluru, where media presence during the production of a former Minister led to violence between advocates, police, and media personnel. The Supreme Court entrusted the entire investigation to the CBI on 27-08-2013. In 2015, the CBI filed a case against the petitioners for offences under Sections 5 and 16 of the Cable Television Networks (Regulation) Act, 1995, alleging broadcasting of false news. That case was quashed by the High Court on 03-09-2019 with liberty to proceed only after fulfillment of legal requirements and with fresh material. Subsequently, on 22-11-2023, the State Government authorized CBI officers to file a fresh complaint, and on 03-05-2025 the Magistrate took cognizance and issued summons. The petitioners contended that the Jan Vishwas (Amendment of Provisions) Act, 2023, which came into effect on 05-10-2023, had decriminalized the offence under Section 16, making it a civil wrong. They also argued that the fresh complaint was verbatim the same as the earlier quashed one, without any fresh material, and that the cognizance was taken after an unexplained delay of 10 years without application of mind. The CBI argued that the offence as on the date of commission was criminal and that the amendment should not obliterate the proceedings, and that the CBI had the power to investigate. The Court held that once an offence is decriminalized by a subsequent amendment, criminal proceedings cannot continue; taking cognizance after such decriminalization is without jurisdiction. It also found that the liberty granted was misused by mere reiteration of earlier allegations and that the cognizance order was mechanical. Consequently, the petition was allowed and the proceedings were quashed.
Headnote
A) Criminal Law - Decriminalization - Effect on Pending Proceedings - Cable Television Networks (Regulation) Act, 1995, Sections 5, 16; Jan Vishwas (Amendment of Provisions) Act, 2023 - The amendment came into force on 05-10-2023, making the offence under Section 16 a civil wrong and removing criminal penalty. The Court held that once an offence stands decriminalized, criminal proceedings cannot be continued and cognizance taken after the amendment is without jurisdiction. Held that proceedings are liable to be quashed (Paras 4-7). B) Criminal Procedure - Cognizance - Application of Mind - Code of Criminal Procedure, 1973, Section 190 - The Magistrate took cognizance on 03-05-2025 without considering the unexplained delay of 10 years and the absence of fresh material, despite this Court's earlier order reserving liberty requiring fresh material and compliance with legal necessities. Held that the order taking cognizance was passed mechanically without application of mind (Paras 6-7). C) Criminal Procedure - Sanction for Prosecution - Requirement - Code of Criminal Procedure, 1973, Section 196 - Earlier proceedings were quashed for want of sanction under Section 196 Cr.P.C. for offence under Section 153A(1)(b) IPC. The CBI obtained authorization from the State Government only on 22-11-2023, which still did not meet the requirement of sanction. Held that lack of proper sanction was another ground for quashing (Para 5). D) Constitutional Law - Investigation by CBI - Powers - Delhi Special Police Establishment Act, 1946, Section 3 - Even though the CBI had the power to investigate, the decriminalization of the offence rendered the criminal proceedings unsustainable. The entrustment of investigation by the Apex Court to ensure credibility did not revive a dead offence. Held that the petition must be allowed (Paras 8-12).
Issue of Consideration
Whether the proceedings under Sections 5 and 16 of the Cable Television Networks (Regulation) Act, 1995 are maintainable after the offence was decriminalized by the Jan Vishwas (Amendment of Provisions) Act, 2023; whether the cognizance taken by the Magistrate was without application of mind and barred by delay.
Final Decision
The petition is allowed; the proceedings in C.C.No.13702/2025 and the order dated 03-05-2025 taking cognizance are quashed.
Law Points
- once an offence is decriminalized by a subsequent amendment
- criminal proceedings cannot continue
- cognizance taken after decriminalization is without jurisdiction
- liberty reserved must be based on fresh material and proper authorization
- mere reiteration of earlier quashed allegations is abuse of process
- delay of 10 years in filing complaint without explanation renders proceedings untenable
