Section 505: Statements conducing to public mischief

1[505. Statements conducing to public mischief.—2[(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, 3[sailor or airman] in the Army, 4[Navy or Air Force] 5[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 tranquility; 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 6[three years], or with fine, or with both.

7[(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 an assembly engaged in the performance of religious worship or religious ceremonies, 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 8[in good faith and] without any such intent as aforesaid.]

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

Para II

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compound­able.

Para III

Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—Triable by any Magistrate—Non-com­poundable.

COMMENTS

Mens rea

Mens rea is a necessary postulate for the offence under section 505(2) of the Code; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) 7 Supreme Today 127.

Mischief leading to breach of public peace

Publication or circulation is sine qua non under section 505(2) of the Code; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) 7 Supreme Today 127.

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1. Subs. by Act 4 of 1898, sec. 6, for the original section 505.

2. Section 505 renumbered as sub-section (1) of that section by Act 35 of 1969, sec. 3.

3. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or sailor”.

4. Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”.

5. Subs. by A.O. 1950 for “of Her Majesty or in the Imperial Service Troops”. The words “or in the Royal Indian Marine” occur­ring after the words “Majesty” were omitted by Act 35 of 1934, sec. 2 and Sch.

6. Subs. by Act 41 of 1961, sec. 4, for “two years” (w.e.f. 12-9-1961).

7. Ins. by Act 35 of 1969, sec. 3 (w.e.f. 4-6-1969).

8. Subs. by A.O. 1950 for “of Her Majesty or in the Imperial Service Troops”. The words “or in the Royal Indian Marine” occur­ring after the words “Majesty” were omitted by Act 35 of 1934, sec. 2 and Sch.