Indian Penal Code (IPC) S. 505. Statements conducing to public mischief.
[i][505. Statements conducing to public mischief.—[ii][(1) Whoever makes, publishes or circulates any statement, rumour or report,—
(a) with intent to cause, or which is likely to cause, any officer, soldier, [iii][sailor or airman] in the Army, [iv][Navy or Air Force] [v][of India] to mutiny or otherwise disregard or fail in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community,
shall be punished with imprisonment which may extend to [vi][three years], or with fine, or with both.
[vii][(2) 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.
(3) Offence under sub-section (2) committed in place of worship, etc.—Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremo-nies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]
Exception.—It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it [viii][in good faith and] without any such intent as aforesaid.]
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More details about this Section |
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Cognizable or not? |
Non-cognizable (False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace); Cognizable (False statement, rumour, etc., with intent to create enmity, hatred or ill-will between different classes); Cognizable (False statement, rumour, etc., made in place of worship, etc., with intent to create enmity, hatred or ill-will). |
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Whether Bailable? |
Non-bailable |
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Compoundable or not? |
Not compoundable |
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Triable by whom? |
Any Magistrate |
Indian Penal Code (IPC) – Index of All Sections
[i] Substituted by Act 4 of 1898, S. 6, for the original section.
[ii] S. 505 was renumbered as sub-section (1) of that section by Act 35 of 1969, S. 3.
[iii] Substituted by Act 10 of 1927, S. 2 and Sch. I, for “or sailor”.
[iv] Substituted by S. 2 and Sch. I by Act 10 of 1927 for “or navy”.
[v] Substituted by the A.O. 1950 for “of Her Majesty or in the Imperial Service Troops”. The words “or in the Royal Indian Marine” occurring after the word “Majesty” were rep. by Act 35 of 1934.
[vi] Substituted by Act 41 of 1961, S. 4, for “two years” (w.e.f. 12-9-1961).
[vii] Inserted by Act 35 of 1969, S. 3(i) (w.e.f. 4-9-1969).
[viii] Inserted by Act 35 of 1969, S. 3(ii) (w.e.f. 4-9-1969).
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