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

Summary

Sub-section (1) applies when an Executive Magistrate receives information that a person is within the Magistrate’s local jurisdiction and is of the opinion that there are sufficient grounds to proceed. The person’s conduct may have taken place within or outside that jurisdiction. The Magistrate may require the person to show cause why they should not be ordered to provide a bond for good behaviour, with or without sureties, for a period the Magistrate considers appropriate, not exceeding one year. This applies where the person (i) intentionally disseminates, attempts to disseminate, or helps disseminate, orally, in writing or in another way: (a) matter whose publication is punishable under the listed provisions of the Indian Penal Code; or (b) matter concerning a Judge acting or claiming to act in the discharge of official duties that amounts to criminal intimidation or defamation under that Code; or (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, hires out, distributes, publicly exhibits or otherwise puts into circulation obscene matter referred to in section 292 of the Indian Penal Code.

Sub-section (2) provides that proceedings under this section cannot be taken against the editor, proprietor, printer or publisher of a publication registered under the Press and Registration of Books Act, 1867 and edited, printed and published in accordance with that Act’s rules, in relation to matter contained in the publication, unless the State Government or an officer it has empowered orders or authorises the proceedings.

Official Text

(1) When 1[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.

Sections referred to

• IPC §292 — Sale, etc., of obscene books, etc.
• IPC §295A — Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs

Referred to by

• CrPC §111 — Order to be made
• CrPC §116 — Inquiry as to truth of information
• CrPC §122 — Imprisonment in default of security
• CrPC §315 — Accused person to be competent witness
• CrPC §478 — Power to alter functions allocated to Executive Magistrate in certain cases

Related Judgments

• ISTKAR vs THE STATE OF UTTAR PRADESH & ANR — Supreme Court of India (2022)
• MADHU LIMAYE vs SUB-DIVISIONAL MAGISTRATE, MONGHYR & ORS — Supreme Court of India (1970)
• NATIONAL INVESTIGATION AGENCY NEW DELHI vs OWAIS AMIN @ CHERRY & ORS — Supreme Court of India (2024)
• SHREYA SINGHAL vs UNION OF INDIA — Supreme Court of India (2015)

Old <-> New Code Mapping

• BNSS §127 — Security for good behaviour from persons disseminating certain matters