In an interesting case which opens a debate on many points
of legal propriety, Oracle has been facing the wrath of one section of
community in Bangalore for not disciplining one of their employees who is
accused of having discredited Bangaloreans and Bangalore Police and incited
violence, hatred and community disharmony.
One of the recipients of this mail distributed the mail to
the public and the online press. Obviously, it drew angry responses from many
who even brought it to the attention of Oracle whose network had been used for
the distribution of the above message and also since the person concerned was
a staff member of Oracle.
A few days later Mr Mitra posted the following message to
one of the respondents:
The above mails throw up several academic questions which I would like the
informed visitors of Naavi.org may comment upon.
Reference Sections of IPC:
153A.
Promoting enmity between different groups on grounds of religion, race,
place of birth, residence, language, etc., and doing acts prejudicial to
maintenance of harmony
(1)
Whoever-
(a)
by words, either spoken or written, or by signs or by visible
representations or otherwise, promotes or attempts to promote, on grounds of
religion, race, place of birth, residence, language, caste or community or
any other ground whatsoever, disharmony or feelings of enmity, hatred or
ill-will between different religious, racial, language or regional groups or
castes or communities, or
(b)
commits any act which is prejudicial to the maintenance of harmony between
different religious, racial, language or regional groups or castes or
communities, and which disturbs or is likely to disturb the public
tranquillity, [or]
[(c) organises any exercise, movement, drill
or other similar activity intending that the participants in such activity
shall use or be trained to use criminal force or violence or knowing it to
be likely that the participants in such activity will use or be trained to
use criminal force or violence, or participates in such activity intending
to use or be trained to use criminal force or violence or knowing it to be
likely that the participants in such activity will use or be trained to use
criminal force or violence, against any religious, racial, language or
regional group or caste or community and such activity for any reason
whatsoever causes or is likely to cause fear or alarm or a feeling of
insecurity amongst members of such religious, racial, language or regional
group or caste or community,]
shall be
punished with imprisonment which may extend to three years, or with fine, or
with both.
Offence
committed in place of worship, etc- (2) Whoever commits an offence
specified in sub-section (1) in any place of worship or in any 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.]
153B. Imputations, assertions
prejudicial to national-integration
(1)
Whoever, by words either spoken or written or by signs or by visible
representations or otherwise,-
(a)
makes or publishes any imputation that any class of persons cannot, by
reason of their being members of any religious, racial, language or regional
group or caste or community, bear true faith and allegiance to the
Constitution of India as by law established or uphold the sovereignty and
integrity of India, or
(b)
asserts, counsels, advises, propagates or publishes that any class of
persons shall, by reason of their being members of any religious, racial,
language or regional group or caste or community, be denied or deprived of
their rights as citizens of India, or
(c)
makes or publishes any assertion, counsel, plea or appeal concerning the
obligation of any class of persons, by reason of their being members of any
religious, racial, language or regional group or caste or community, and
such assertion, counsel, plea or appeal causes or is likely to cause
disharmony or feelings of enmity or hatred or ill-will between such members
and other persons,
shall be
punished with imprisonment which may extend to three years, or with fine, or
with both.
(2)
Whoever commits an offence specified in sub-section (1), in any place of
worship or in any assembly engaged in the performance of religious worship
or religious ceremonies, shall be punished with imprisonment which may
extend to five years and shall be liable to fine.]
Whoever, by
words either spoken or intended to be read, or by signs or by visible
representations, makes or publishes any imputation concerning any person
intending to harm, or knowing or having reason to believe that such
imputation will harm, the reputation of such person, is said, except in the
cases hereinafter expected, to defame that person.
Explanation
1- It may amount to defamation to impute anything to a deceased person, if
the imputation would harm the reputation of that person if living, and is
intended to be hurtful to the feelings of his family or other near
relatives.
Explanation
2- It may amount to defamation to make an imputation concerning a company or
an association or collection of persons as such.
Explanation
3- An imputation in the form of an alternative or expressed ironically, may
amount to defamation.
Explanation
4- No imputation is said to harm a person's reputation, unless that
imputation directly or indirectly, in the estimation of others, lowers the
moral or intellectual character of that person, or lowers the character of
that person in respect of his caste or of his calling, or lowers the credit
of that person, or causes it to be believed that the body of that person is
in a loath some state, or in a state generally considered as
disgraceful......
505.
Statements conducting to public mischief.
(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, sailor
or airman in the Army, Navy or Air Force 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 three years,
or with fine, or with both.
(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.
(1) 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 in
good faith and without any such intent as aforesaid.
