CrPC 108 — Security for good behaviour from persons disseminating seditious matters

Code of Criminal Procedure, 1973

Statutory text

(1) When

[an Executive
Magistrate]  receives information that  there  is  within his local jurisdiction any person  who,  within or  without  such jurisdiction,—
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,—
(a) any  matter  the  publication  of  which  is  punishable  under  section  124A  or  section  153A  or  section
153B  or section 295A of the Indian Penal Code (45 of 1860), or
(b) 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 (45 of 1860),
(ii) makes,   produces,   publishes   or   keeps   for   sale,   imports,   exports,   conveys,   sells,   lets   to   hire,
distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred
to in section 292 of the Indian Penal Code (45 of 1860),
and  the  Magistrate  is  of  opinion  that  there  is  sufficient  ground  for  proceeding,  the  Magistrate  may,  in  the  manner
hereinafter  provided,  require  such  person  to  show  cause  why  he  should  not  be  ordered  to  execute  a  bond,  with  or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
 (2) No proceedings shall be  taken under this section against the  editor, proprietor, printer or publisher of any
publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press
and Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication except
by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

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