Monday, February 4, 2013

Do not talk loose or you can be booked under section 295A or 505 (2) of IPC

Do not talk loose or you can be booked under section 295A or 505 (2) of IPC


BJP MP Varun Gandhi had to spend four hours in judicial custody after his bail was rejected by the chief judicial magistrate, Pilibhit, in connection with a criminal case lodged against him, alleging him for making “hate speech” during the 2009 Lok Sabha elections. Later he was granted relief by an appeal in the district court.
 What are the IPC sections 295A and 505(2) under which he was booked?
1. 295A: Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.– Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 6[ citizens of India], 7[ by words, either spoken or written, or by signs or by visible representations or otherwise] insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 8[ three years], or with fine, or with both.
2. Section 505(2) in The Indian Penal Code, 1860: Statements creating or promoting enmity, hatred or ill- will between classes.– Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely 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, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

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