NEWSPAPERS
(INCITEMENT TO OFFENCES) ACT, 1908 THE NEWSPAPERS
(INCITEMENT TO OFFENCES) ACT, 1908 [Act No. 07 of 1908] [8th June, 1908] An Act for the
prevention of incitements to murder and to other offences in newspapers Whereas
it is expedient to make better provision for the prevention of incitements to
murder and to other offices in newspapers; It is hereby enacted as follows:-- (1) This Act may be called the Newspapers (Incitement
to Offences) Act, 1908. (2) It extends to the whole of British India. (1) In this Act, unless there is anything repugnant in
the subject or context,-- (a) "Magistrate" means a District Magistrate
or Chief Presidency Magistrate: (b) "Newspapers" means any periodical work
containing public news or comments on public news: (c) "printing press" includes all engines,
machinery, types lithographic stones, implements, utensils and other plant or
materials used for the purpose of printing. (2) Save as herein otherwise provided all words and
expressions in this Act shall have the same meanings as those respectively
assigned to them in the Code of Criminal Procedure, 1898 (V of 1898) (1) In cases where, upon application made by order of
or under authority from the Local Government, a Magistrate is of opinion that a
newspaper printed and published within the Province contains any incitement to
murder or to any offence under the Explosive Substances Act, 1908 (VI of 1908),
or to any act of violence, such Magistrate may make a conditional order
declaring the printing press used, or intended to be used, for the purpose of
printing or publishing such newspaper, or found in or upon the premises where
such newspaper is, or at the time of the printing of the matter complained of
was, printed and all copies of such newspaper, wherever found, to be forfeited
to His Majesty, and shall in such order state the material facts and call on
all persons concerned to appear before him, at a time and place to be fixed by
the order, to show cause why the order should not be made absolute. (2)
A
copy of such order shall be fixed on some conspicuous part of the premises
specified in the declaration made in the respect of such newspaper under section 5
Preamble - THE NEWSPAPERS (INCITEMENT TO OFFENCES) ACT, 1908PREAMBLE
(3)
In
cases of emergency or in cases where the purpose of the application might be
defeated by delay the Magistrate may, on or after the making of a conditional
order under sub-section (1), make a further order ex parte for the attachment
of the printing press or other property referred to in the conditional order.
(4)
If
any person concerned appears and shows cause against the conditional order, the
Magistrate shall take evidence, whether in support of or in opposition to such
order, in manner provided in section 356 of the Code of Criminal Procedure, 1898.
(5)
If
the Magistrate is satisfied that the newspaper contains matter of the nature
specified in sub-section (1), he shall make the conditional order of forfeiture
absolute in respect of such property as he may find to be within the terms of
the said sub-section.
(6) If the Magistrate is not so satisfied, he shall set
aside the conditional order of forfeiture and the order of attachment, if any.
Section 4 - Power to seize
(1) The Magistrate may by warrant empower any
Police-officer not below the rank of Sub-Inspector to seize and detain any
property ordered to be attached under section 3, sub-section (3), or to seize
and carry away any property ordered to be attached under section 3, sub-section
(3), or to seize and carry away any property ordered to be forfeited under
section 3, sub-section (5), wherever found and to enter upon and search for
such property in any premises?
(a) where the newspaper specified in such warrant is
printed or published; or
(b) where any such property may be or may be reasonably
suspected to be; or
(c) where any copy of such newspaper is kept for sale,
distribution, publication or public exhibition or reasonably suspected to be so
kept.
(2) Every warrant issued under sub-section (1) so far
as it relates to a search shall be executed in manner provided for the execution
of search warrants by the Code of Criminal Procedure, 1898 (V of 1898).
Section 5 - Appeal
Any
person concerned who has appeared and shown cause against a conditional order
of forfeiture may appeal to the High Court within fifteen days from the date
when such order is made absolute.
Section 6 - Bar of other proceedings
Save
as provided in section 5, no order duly made by a Magistrate under section 3,
shall be called in question in any Court.
Section 7 - Power to annul declaration under Registration of Books Act, 1867
Where
an order of forfeiture has been made absolute in relation to any newspaper the
Local Government may, by notification in the local official Gazette, annul any
declaration made by the printer or publisher of such newspaper under the Press
and Registration of Books Act, 1867 (XXV of 1867), and may by such notification
prohibit any further declaration being made or subscribed under the said Act in
respect of the said newspaper, or of any newspaper which is the same in
substance as the said newspaper, until such prohibition be withdrawn.
Section 8 - Penalty
Any
person who prints or publishes any newspaper specified in any prohibition
notified under section 7 during the continuance of that prohibition shall be
liable, on conviction, to the penalties prescribed by section 15 of the Press and Registration of Books Act,
1867 (XXV of 1867).
Section 9 - Application of Code of Criminal Procedure
All
proceedings under this Act shall be conducted so far as may be in accordance
with the provisions of the Code of Criminal Procedure, 1898 (V of 1898).
Section 10 - Operation of other laws not barred
No
proceedings taken under this Act shall operate to prevent any person from being
prosecuted for any act which constitutes an offence under any other law.