Code:
(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 152 or
section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023; 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 Bharatiya Nyaya Sanhita, 2023;
(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 294 of the Bharatiya
Nyaya Sanhita, 2023,
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 or bail bond, 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 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.
Explanation:
This section empowers Executive Magistrates to take preventive action against individuals who are suspected of engaging in activities that could lead to public disorder or disturbance of peace. Specifically, it allows the Magistrate to require such individuals to furnish a bond for their good behavior if they:
- Disseminate or attempt to disseminate information that could incite violence, hatred, or unrest (as defined under Sections 150, 194, 195, and 297 of the Bhartiya Nyaya Sanhita, 2023).
- Spread defamatory or intimidating information about a judge performing their official duties (as defined under the Bhartiya Nyaya Sanhita, 2023).
- Create, distribute, or circulate obscene content as defined in Section 292 of the Bhartiya Nyaya Sanhita, 2023.
The Magistrate can require the individual to provide a bond, with or without sureties, for a period not exceeding one year. This bond ensures the individual’s good behavior and prevents them from engaging in the aforementioned activities. Here is an illustration on what security for good behaviour from persons disseminating certain matters deals with:
Illustration:
Imagine a person is distributing pamphlets containing hate speech targeting a particular community, inciting violence and hatred. The Executive Magistrate, upon receiving information about this activity, could invoke Section 127 to require the individual to furnish a bond to ensure they stop spreading such inflammatory content.
Common Questions and Answers:
- Q: What is the purpose of Section 127?
A: It is a preventive measure aimed at maintaining public order and preventing potential threats to peace.
- Q: Can Section 127 be used to stifle free speech?
A: No, it must be used cautiously. Also, when there is a genuine threat of public disorder or disturbance of peace.
- Q: How is the Magistrate’s opinion of “sufficient ground” determined?
A: The Magistrate should consider the nature of the information. Additionally, the potential for harm and other relevant factors in making this determination.
- Q: What happens if the individual refuses to provide a bond?
A: The Magistrate can take further legal action, potentially leading to arrest or other penalties.
