Picturization of movie which involves the actress with a wink is not blasphemous-SC

Section 295A does not penalise any and every act of insult to or attempt to insult the religion or the religious beliefs of a class of citizens but it penalises only those acts of insults to or those varieties of attempts to insult the religion or the religious beliefs of a class of citizens which are perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class. Insults to religion offered unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feelings of that class do not come within the sanction.

  1. As we perceive, the intervenor, who was an informant in F.I.R. No.34 of 2018, in all possibility has been an enthusiast to gain a mileage from the F.I.R., though the same was really not warranted. What is urged before us is that picturization which involves the actress with a wink is blasphemous. Barring that there is no other allegation. Such an allegation, even if it is true, would not come within the ambit and sweep of Section 295A I.P.C.
  2. In view of the aforesaid, we allow the writ petition and quash the F.I.R. No.34 of 2018. We also direct that no F.I.R. under Section 154 or any complaint under Section 200 of the Code of Criminal Procedure should be entertained against the petitioners because of the picturization of the song.  Continue reading

Government of India Media Wings

TOP PRINT MEDIA COMPANIES IN INDIA

Hindu Law
  1. ANANDA BAZAR PATRIKA LTD. (ABP LTD.)
  2. INDIAN EXPRESS GROUP
  3. BENNETT COLEMAN & CO. LTD. (TIMES GROUP)
  4. INDIA TODAY GROUP (LIVING MEDIA PVT. LTD.)  HT MEDIA LTD.
  5.  HINDU GROUP

Major Indian Magazines

Magazine Publishing House
A & M Spectrum Magazines
Business World Ananda Bazar Patrika
The Week Malayala Manorama
Business Today Living Media
Computers Today Living Media
Cosmopolitan Living Media
Digit Jassubhai Digital Media
Economic & Political Weekly Sameeksha Trust
Femina Bennett Coleman & Co.
Filmfare Bennett Coleman & Co.
Fortune (Indian Edition) Living Media
Frontline Hindu Group
Gentleman Express Publications
Good Housekeeping Living Media
India Today Living Media
Intelligent Investor Berkshire Hathaway
Kadambini HT Media Ltd.
Nandan HT Media Ltd.
Outlook Rajan Raheja group
Reader’s Digest (Indian Edition) Living Media
The Sportstar Hindu Group
Teens Today Living Media
Yojana Ministry of I&B

Major Indian Newspapers

Newspaper Publishing House
Asian Age Asian Age Holdings
Business Standard Business Standard Ltd.
Financial Express RPG promoted Indian Express Group
Hindu Business Line Hindu Group
Hindustan Times K K Birla promoted HT Media Ltd.
Indian Express RPG promoted Indian Express Group
Navbharat Times Bennett Coleman & Co.
Pioneer CMYK Printech
Telegraph Ananda Bazar Patrika
The Hindu Hindu Group
The Economic Times Bennett Coleman & Co.
The Times of India Bennett Coleman & Co.
Tribune Tribune Trust

Top Media Companies in America

1. NBC/Universal, with an annual revenue around 160 billion, owns all the NBC stations, CNBC, MSNBC, numerous cable channels including USA networks, Bravo, E!, the Weather Channel, and the movie studio Universal Pictures. As of 2013, the biggest cable operator in the US Comcast owns 51% of the company, while another corporate giant, General Electric (GE) owns the other 49%.

2.The Walt Disney Company, with an annual revenues around $ 37 billion, owns ABC, cable channels such as ESPN, the Disney Channel, A&E, and Lifetime, movie production companies like Walt Disney Pictures, Touchstone Pictures, and Pixar Animation Studios, which has yet to produce an unsuccessful animated feature.

3.News Corporation, with an annual revenue of 30 billion dollars, owns FOX TV network, cable channels including F/X, Fox New Network, Fox Business Network, National Geographic, two major newspapers-Wall Street Journal and the New York Post, and movie production companies including Twenty Century Fox and Fox Searchlight Pictures.

4.Time Warner, with an annual revenues of 26 billion dollars, owns cable channels such as CNN, HBO, Cartoon Network, TNT, TBS, movie studio and production companies including Warner Bros. Pictures, Castle Rock Pictures, New Line Cinema, and more than 150 magazines including Tim, Sports Illustrated, Fortune, People, and Entertainment Weekly.

5.Viacom, with an annual revenue of 14 billion dollars, owns MTV, Nickelodeon, Comedy Central, Paramount Pictures, and Viacom18, which is a joint venture with the Indian media company Global Broadcast News. 6.CBS Corporation, with an annual revenue of 13 billion dollars, owns CBS, CW, Showtime, and the major book publisher Simon & Schuster. CBS is now the leading supplier of video to Google’s new Video Marketplace.

6. Rupert Murdoch’s New Corporation, which runs Fox New Network, the Wall Street Journal, and the New York Post.

 

 

 

 

 

 

 

 

VIACOM 18 MEDIA PRIVATE LIMITED & ORS. Petitioner(s) VS UNION OF INDIA & ORS. Respondent(s)[SC 2018 JANUARY]

KEYWORD :- PADMABAT MOVIE-

Capture

Date : 18-01-2018-

we direct there shall be stay of operation of the notifications and orders issued by the respondent-States and we also restrain the other States to issue notifications/orders in any manner prohibiting the exhibition and we are sure, the concerned State authorities shall keep paragraph 27 of the judgment in the case of Prakash Jha (supra) in mind which clearly lays down that it is the paramount obligation of the State to maintain law and order.”

W.P.(C)No.36/18
REPORTABLE
ITEM NO.2 COURT NO.1 SECTION X

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).36/2018

VIACOM 18 MEDIA PRIVATE LIMITED & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s)

(IA No.8397/2018-STAY APPLICATION and IA No.8399/2018-EXEMPTION FROM FILING O.T.)

Date : 18-01-2018

This petition was called on for hearing today.

CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE A.M. KHANWILKAR
HON’BLE DR. JUSTICE D.Y. CHANDRACHUD

For Petitioner(s)

Mr. H.N. Salve, Sr. Adv.
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Ameet Naik, Adv.
Mr. Akshay Patil, Adv.
Mr. Vivek Jain, Adv.
Ms. Devika Mohan, Adv.
Mr. Nishant Rao, Adv.
Mr. Rajesh Kumar, Adv.
Mr. E. C. Agrawala, Adv. [AOR]

For Respondent(s)

Mr. Tushar Mehta, ASG
Mr. Shiv Mangal Sharma, AAG
Mr. Saurabh Rajpal, Adv.
Mr. S.S. Shamshery, Adv.
Mr. Amit Sharma, Adv.
Mr. Sandeep Singh, Adv.
Mr. Ankit Raj, Adv.
Ms. Indira Bhakar, Adv.
Ms. Ruchi Kohli, Adv. [AOR]
Mr. Tushar Mehta, ASG
Mrs. Hemantika Wahi, Adv. [AOR]
Ms. Shodhika Sharma, Adv.

W.P.(C)No.36/18
Mr. Anil Grover, AAG
Mr. Ajay Bansal, AAG
Mr. Satish Kumar, Adv.
Mr. Shivam Kumar, Adv.
Mr. Smt. Veena Bansal, Adv.
Mr. Gaurav Yadav, Adv.
Mr. Sanjay Kr. Visen, Adv. [AOR]
Mr. R. Balasubramanian, Adv.
Ms. Aarti Sharma, Adv.
Mr. Akshay Amritanshu, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Heard Mr. Harish Salve, learned senior counsel and Mr. Mukul Rohatgi, learned senior counsel for the petitioners.

2. Issue notice.

3. As Mr. Tushar Mehta, learned Additional Solicitor General for the States of Gujarat and Rajasthan and Mr. Anil Grover, learned counsel for the State of Haryana have entered appearance on caveat, no further notice need be issued to them.

4. Issue notice to other respondents fixing a returnable date within four weeks.

5. The present writ petition fundamentally assails the notification/order, issued by the two States, viz., State of Gujarat and State of Rajasthan, on 13.01.2018 and 17.01.2018 respectively prohibiting the exhibition of the film, namely, ‘Padmaavat’.

6. Be it noted, though the notification issued by the Government of Gujarat has been brought on record, we have been handed over a copy of the order issued by the Government of Rajasthan. Mr. Anil Grover, learned counsel appearing for State of Haryana has stated, the State has, on principle, taken a decision not to exhibit the film in cinema halls though the said decision has not yet culminated in a formal order.

7. It has been submitted by Mr. Harish Salve and Mr. Mukul Rohatgi, learned senior counsel appearing for the petitioners that the Central Board of Film Certification (CBFC) has issued a Certificate under the Cinematograph Act, 1952 (for brevity ‘the Act’) after constituting an Expert Committee which had seen the movie, critically examined it and suggested few excisions which have been carried out. That apart, it is urged by them that the CBFC had directed the producer to file two disclaimers which he had filed.

8. The relevant part of the Certificate issued by the CBFC reads as follows:

“After examination of the film by the members of the Examining Committee mentioned below and on the recommendation of the said Examining Committee, the Board hereby certifies that the film is fit for public  exhibition with an endorsement of caution that the
question as to whether any child below the age of 12 years may be allowed to see the film should be considered by the parents or guardian of such child, and also subject to excision and modification listed in part II on the reverse:

1. ARCHANA VINEET GORE
2. KALAYANI DESHPANDE
3. NUTAN JAGDISH SAGAR
4. HARESH J WADHWANI
5. DEEPAK RAMAKANT TANDEL (E.O.)

Further certified that the excisions and modifications imposed by the Board have actually been carried out.”

9. On a perusal of the Certificate it is quite clear that it has been given U/A Certificate. The notification issued on behalf of State of Gujarat by the Joint Secretary to Government is as follows:

“No.(GHT/2018/(1)MIS/102017/229/A: WHEREAS the Government of Gujarat considers it necessary to do so in the public interest and to maintain the law and order situation in the State of Gujarat.
Now, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 6 of the Gujarat Cinemas   (Regulation) Act, 2004 (Guj. 21 of 2004) (hereinafter referred to as ‘the Act’), the Government of Gujarat hereby imposes the ban on Hindi feature film  Padmavat’ produced by Viacom18 Motion Pictures and Bhansali        Productions Pvt. Ltd., within the jurisdiction of the State of Gujarat.

(1) This ban on exhibition of the film shall come into effect from the date of publication of this notification.
(2) No cinema owners or distributors shall exhibit the said movie in any Cinemas/Multiplexes/Video Cinema/Touring Cinema etc., within the jurisdiction of the State of Gujarat.

By order and in the name of the Governor of Gujarat.

Sd/-
(K.L. Patel)
Joint Secretary to Government”

10. The State of Rajasthan has issued an order which is to the following effect:
“GOVERNMENT OF RAJASTHAN HOME(GR.6) DEPARTMENT F.14(3)Home-6/2013 Part Dated :17th January, 2018

ORDER
WHEREAS the Government of Rajasthan considers it necessary so to do in public interest and to maintain the law and order situation in the State of Rajasthan.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 7 of the Rajasthan Cinemas (Regulation) Act, 1952 (Act No.XXX of 1952) (hereinafter referred to as ‘the Act’), the Government of Rajasthan hereby imposes ban on the exhibition of Hindi feature film ‘Padmavat’ (earlier named ‘Padmavati’) produced by Viacom 18 Motion Pictures and Bhansali Productions Pvt. Ltd., within the jurisdiction of the State of Rajasthan.

(1) This ban on exhibition of the film shall come into effect from the date of publication of this order.
(2) No cinema owner or distributor shall exhibit the said movie in any Cinema/Multiplex/Video Cinema/Touring Cinema etc., within the jurisdiction of the State of Rajasthan.

By order and in the name of Governor.
(Paramjeet Kaur)
Senior Deputy Secretary”

11. Disclaimer Nos.1 and 2 are to the following effect :
“Disclaimer -I
The Film ‘Padmaavat’ is inspired from the epic poem Padmavat, written by Malik Muhammad Jayasi, which is considered a work of fiction. This Film does not infer or claim historical authenticity or accuracy in terms of the names of the places, characters, sequence of events, locations, spoken languages, dance forms, costumes and/or such other details. We do not intend to disrespect, impair or disparage the beliefs, feelings, sentiments of any person(s), community(ies) and their culture(s), custom(s), practice(s) and tradition(s).

Disclaimer-II
This Film does not intend to encourage or support ‘Sati’ or such other practices.”

12. It has been submitted by learned senior counsel appearing for the petitioners that the States could not have prohibited exhibition of the film in cinema halls in view of the two-Judge Bench judgment in the case of Prakash Jha Productions & Anr. v. Union of India & Ors. (2011) 8 SCC 372. They have drawn our attention to paragraphs 17, 18, 19, 20 and 27 thereof. The said paragraphs read as follows:

“17. Before dealing with the said contentions, we would like to deal with the provision of the Act on the basis of which the aforesaid decision is taken. There is no dispute that the impugned decision is taken in the purported exercise of power under Section 6 of the
Act. A bare perusal of the aforesaid provision in Section 6 of the Act would make it crystal clear that the power vested therein could be exercised by the State under the said provision when a film which is being publicly exhibited could likely cause a breach
of peace. Only in such circumstance and event, an order could be passed suspending the exhibition of film.

18. The expression “being publicly exhibited” and the word “suspension” are relevant for our purpose and, therefore, we are giving emphasis on the aforesaid expression and the word. When it is said that a film is being publicly exhibited, it definitely presupposes
a meaning that the film is being exhibited for public and in doing so if it is found likely to cause breach of peace then in that event such a power could be exercised by the State Government. Such an extraordinary power cannot be exercised with regard to
a film which is yet to be exhibited openly and publicly in a particular State. This view that we have taken is also fortified from the use of the word “suspension” in the said section.

19. The word “suspension” envisages something functional or something which is being shown or is running. Suspension is always a temporary phase, which gets obliterated as and when the previous position is restored. Therefore, the power as vested under Section
6 of the Act could not have been exercised by the State of Uttar Pradesh in view of the fact that the said film was not being exhibited publicly in the theatre halls in U.P. Consequently, at this stage, when the film is not screened or exhibited in the theatre halls publicly and for public viewing, neither an opinion could be formed nor could any decision be taken that there is a likelihood of breach of peace by exercising power purported to be under Section 6 of the Act.

20. The counsel appearing for the State has also submitted that in fact the film already is being exhibited in the State of Uttar Pradesh as a High-Level   Committee has seen the film. We cannot accept the aforesaid position as the expression specifically uses the words “publicly exhibited” meaning thereby that it is being exhibited all over and publicly for public viewing in the State.
… … …
27. It is for the State to maintain law and order situation in the State and, therefore, the State shall maintain it effectively and potentially. Once the Board has cleared the film for public viewing, screening of the same cannot be prohibited in the manner as sought to be done by the State in the present case. As held in K.M.Shankarappa it is the responsibility of the State Government to maintain law and order.”

It is urged by them, once a Certificate has been issued by the CBFC, the States cannot issue notifications or orders prohibiting exhibition of film in theatres. On the contrary, as has been stated in paragraph 27 of the judgment in Prakash Jha (supra), it is obligatory on the part of the State to maintain the law and

order situation effectively because it is the responsibility of the State to maintain law and order as has been laid down in the case of Union of India v. K.M. Shankarappa (2001) 1 SCC 582.

13. Learned senior counsel would further argue that Section 5A of the Act deals with ‘Certification of films’ and CBFC exercises the
statutory power. Sub-section (3) covers many an area. Sub-section
(3) of the said Section reads thus :

“5A. Certification of films. –
(1) … …
(2) … …
(3) Subject to the other provisions contained in this
Act, a certificate granted by the Board under this
section shall be valid throughout India for a period
of ten years.”
It is contended by Mr. Salve and Mr. Rohatgi that the Act is a
parliamentary legislation and the CBFC has been constituted under
the said Act and once the CBFC exercises the power and suggests
certain excisions and the producers without appealing against the
said directions, accept the same and certificate is issued, the
States, taking recourse to law and order, cannot prohibit the film
from being exhibited. It is also contended by them, the term
‘being publicly exhibited’ as has been interpreted in the case of
Prakash Jha (supra) has to be appositely understood by the
authorities. Learned senior counsel would contend that the freedom
of speech and expression and the creative potentiality through any
medium including the medium of celluloid cannot be curtailed in
this manner.

  1. Mr. Tushar Mehta, learned Additional Solicitor General would submit that the grant of Certificate by the CBFC cannot denude the the State of the power to prohibit the exhibition of a film. He has drawn our attention to Section 5B of the Act which is as follows:

“5B. Principles for guidance in certifying films.-(1) A
film shall not be certified for public exhibition if,
in the opinion of the authority competent to grant the
certificate, the film or any part of it is against the
interests of the sovereignty and integrity of India the
security of the State, friendly relations with foreign
States, public order, decency or morality, or involves
defamation or contempt of court or is likely to incite
the commission of any offence.
(2) Subject to the provisions contained in sub-section
(1), the Central Government may issue such directions
as it may think fit setting out the principles which
shall guide the authority competent to grant
certificates under this Act in sanctioning films for
public exhibition.”
That apart, he has also drawn our attention to Section 7 of
the Rajasthan Cinemas (Regulation) Act, 1952 which reads as
follows:
“7. Power to suspend exhibition of films in certain
cases – (1) The State Government in respect of the
whole or any part of the State of Rajasthan and the
District Magistrate in respect of the district within
his jurisdiction may, if it or he is of opinion that
any film which is being publicly exhibited is likely
to cause breach of the peace by order suspend the
exhibition of such film and during such suspension,
the film shall be deemed to be an uncertified film in
such whole, part or district of the State of
Rajasthan.
(2) Where an order under sub-section (1) has been
issued by a District Magistrate, a copy thereof
together with a statement of reason therefor, shall
forthwith be forwarded to the State Government and the
State Government may on a consideration of all the

facts of the case confirm, modify or cancel the order.

(3) An order made under this section shall remain in force for a period of two months from the date thereof but the State Government may if it is of opinion that the order should continue in force direct that the period of suspension shall be extended by such further period, as if it thinks fit.”

It is also further urged by him that the CBFC is not in a position to take all aspects into consideration as it does not have the inputs regarding the law and order situation in the concerned States.

15. For the present, we are considering the prayer for grant of interim relief, i.e., whether the notifications/orders prohibiting the exhibition of the film should be stayed or not. The creative content is an insegregable aspect of Article 19(1) of the Constitution. Needless to emphasise, this right is not absolute.  There can be regulatory measures. Regulatory measures are reflectible from the language employed under Section 5B of the Act and the guidelines issued by the Central Government. Once the parliamentary legislation confers the responsibility and the power on a statutory Board and the Board grants certification, non-exhibition of the film by the States would be contrary to the statutory provisions and infringe the fundamental right of the petitioners. That apart, as we understand at present from paragraph 27 of the judgment in the case of Prakash Jha (supra), it is the duty and obligation of the State to maintain law and order in the State. We may also note here with profit that the guidelines are to be kept in mind by CBFC. For the sake of completeness, we reproduce the relevant part of the guidelines :

“2. In pursuance of the above objectives, the Board of Film Certification shall ensure that-
… … …
(vii) human sensibilities are not offended by
vulgarity, obscenity or depravity;
… … …
(ix) scenes degrading or denigrating women in any
manner are not presented;
… … …
(xii) visuals or words contemptuous of racial,
religious or other groups are not presented;
(xiii) visuals or words which promote communal,
obscurantist, anti-scientific and anti-national
attitudes are not presented;
… … …
(xvii) public order is not endangered;”
It has to be borne in mind, expression of an idea by any one
through the medium of cinema which is a public medium has its own
status under the Constitution and the Statute. There is a Censor
Board under the Act which allows grant of certificate for screening
of the movies. As we scan the language of the Act and the
guidelines framed thereunder it prohibits use and presentation of
visuals or words contemptuous of racial, religious or other groups.
Be that as it may. As advised at present once the Certificate has
been issued, there is prima facie a presumption that the concerned
authority has taken into account all the guidelines including
public order.

16. Mr. Mehta would urge that grant of an interim order would tantamount to final expression of an opinion on the merits of the case. We do not think so. If a substantial ground is established in law by the States, there may be a different perception, for we are passing an interim order, considering the prima facie case and having due regard to the fundamental conception of right of freedom of speech and expression.

17. In this regard we may reproduce a passage from an order of this Court in the case of Nachiketa Walhekar v. Central Board of Film Certification & Anr. passed on 16.11.2017 in W.P.(C)No.1119 of 2017:

“Be it noted, a film or a drama or a novel or a book is a creation of art. An artist has his own freedom to express himself in a manner which is not prohibited
in law and such prohibitions are not read by implication to crucify the rights of expressive mind.
The human history records that there are many authors who express their thoughts according to the choice of their words, phrases, expressions and also create
characters who may look absolutely different than an ordinary man would conceive of. A thought provoking film should never mean that it has to be didactic or
in any way puritanical. It can be expressive and provoking the conscious or the sub-conscious thoughts of the viewer. If there has to be any limitation,
that has to be as per the prescription in law.”

In view of the aforesaid, we direct there shall be stay of operation of the notifications and orders issued by the respondent-States and we also restrain the other States to issue notifications/orders in any manner prohibiting the exhibition and we are sure, the concerned State authorities shall keep paragraph 27 of the judgment in the case of Prakash Jha (supra) in mind which clearly lays down that it is the paramount obligation of the State to maintain law and order. It should always be remembered that if intellectual prowess and natural or cultivated power of creation is interfered without the permissible facet of law, the concept of creativity paves the path of extinction; and when creativity dies, values of civilization corrode.

Keeping in view the fact situation, we have no hesitation in stating by way of repetition and without any fear of contradiction that it is the duty of the State to sustain the law and order situation whenever the film is exhibited, which would also include providing police protection to the persons who are involved in the film / in the exhibition of the film and the audience watching the film, whenever sought for or necessary.

Let the matter be listed on 26th March 2018 for final disposal.

Pleadings shall be completed in the meantime.

(Subhash Chander)                                               (H.S. Parasher)
AR-cum-PS                                                            Assistant Registrar

THE PRESS AND REGISTRATION OF BOOKS ACT, 1867

Food Laws

1. Interpretation-clause.—

1 [ (1) ] In this Act, unless there shall be something repugnant in the subject or context,—

“Book” includes every volume, part or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed 2 [***]; 3 [***]

4[“editor” means the person who controls the selection of the matter that is published in a newspaper;] 5[***] 8[***]”

“Magistrate” means any person exercising the full powers of a 6Magistrate, and includes a 4 Magistrate of police 5 [***];

6 [“newspaper” means any printed periodical work containing public news or comments on public news;] 7 [***]

8 [“paper” means any document, including a newspaper, other than a book; “prescribed” means prescribed by rules made by the Central Government under section 20A;

“Press Registrar” means the Registrar of newspapers for India appointed by the Central Government under section 19A and includes any other person appointed by the Central Government to perform all or any of the functions of the Press Registrar;

“printing” includes cyclostyling and printing by lithography;

“Register” means the Register of newspapers maintained under section 19B.]

9 [(2) Any reference in this Act to any law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law in force in that State.]

2. Repeal of Act 11 of 1835.—[Rep. by the Repealing Act, 1870 (14 of 1870), sec. 1 and Sch., Pt. II.]

3. Particulars to be printed on books and papers.—Every book or paper printed within 10 [India] shall have printed legibly on it the name of the printer and the place of printing, and (if the book or paper be published) 11 [the name] of the publisher, and the place of publication.

4. Keeper of printing press to make declaration.—

12 [ (1) ] No person shall within 13 [India], keep in his possession any press for the printing of books or papers, who shall not have made and subscribed the following declaration before 2[the District, Presidency or Sub-divisional Magistrate] within whose local jurisdiction such press may be: “I, A.B., declare that I have a press for printing at—”. And this last blank shall be filled up with a true and precise description of the place where such press may be situate.

14 [(2) ] As often as the place where a press is kept is changed, a new declaration shall be necessary: Provided that where the change is for a period not exceeding sixty days and the place where the press is kept after the change is within the local jurisdiction of the Magistrate referred to in sub-section (1), no new declaration shall be necessary if—

(a) a statement relating to the change is furnished to the said Magistrate within twenty-four hours thereof; and
(b) the keeper of the press continues to be the same.]

5. Rules as to publication of newspapers.—No 15 [newspaper] shall be published in 16 [India], except in conformity with the rules hereinafter laid down:

17 [(1) Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication.]

18 [(2) ] The printer and the publisher of every such 19 [newspaper] shall appear 15 [in person or by agent authorised in this behalf in accordance with rules made under section 20, before a District, Presidency or Sub-divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published 20 [***] and shall make and subscribe, in duplicate, the following declaration:

“I A.B., declare that I am the printer (or publisher, or printer and publisher) of the 19 [newspaper] entitled— 21 [and to be printed or published, or to be printed and published], as the case may be at—”. And the last blank in this form of declaration shall be filled up with a true and precise account of the premises where the printing or publication is conducted.

22 [(2A) Every declaration under rule (2) shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication and shall contain such other particulars as may be prescribed.]

23 [(2B) Where the printer or publisher of a newspaper making a declaration under rule (2) is not the owner thereof, the declaration shall specify the name of the owner and shall also be accompanied by an authority in writing from the owner authorising such person to make and subscribe such declaration.
(2C) A declaration in respect of a newspaper made under rule (2) and authenticated under section 6 shall be necessary before the newspaper can be published.
(2D) Where the title of any newspaper or its language or the periodicity of its publication is changed, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.
(2E) As often as the ownership of a newspaper is changed, a new declaration shall be necessary.]

24 [(3) ] As often as the place of printing or publication is changed, a new declaration shall be necessary: 22 [Provided that where the change is for a period not exceeding thirty days and the place of printing or publication after the change is within the local jurisdiction of the Magistrate referred to in rule (2), no new declaration shall be necessary if—
(a) a statement relating to the change is furnished to the said Magistrate within twenty-four hours thereof; and
(b) the printer or publisher or the printer and publisher of the newspaper continues to be the same.]

25 [(4) ] As often as the printer or the publisher who shall have made such declaration as is aforesaid shall leave India for a period exceeding ninety days or where such printer or publisher is by infirmity or otherwise rendered incapable of carrying out his duties for a period exceeding ninety days in circumstances not involving the vacation of his appointment, a new declaration shall be necessary.]

22 [(5) Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication—
(a) within six weeks 26 [of the authentication of the declaration under section 6], in the case of a newspaper to be published once a week or oftener; and
(b) within three months 26 [of the authentication of the declaration under section 6], in the case of any other newspaper, and in every such case, a new declaration shall be necessary before the newspaper can be published.
(6) Where, in any period of three months, any daily, tri-weekly, bi-weekly, weekly or fortnightly newspaper publishes issues the number of which is less than half of what should have been published in accordance with the declaration made in respect thereof, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.
(7) Where any other newspaper has ceased publication for a period, exceeding twelve months, every declaration made in respect thereof shall cease to have effect, and a new declaration shall be necessary before the newspaper can be re-published.
(8) Every existing declaration in respect of a newspaper shall be cancelled by the Magistrate before whom a new declaration is made and subscribed in respect of the same:] 27 [Provided that no person 28 [who does not ordinarily reside in India, or] who has not attained majority in accordance with the provisions of the Indian Majority Act, 1875 (9 of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper.]

29 [5A. Keepers of printing presses and printers and publishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period.—
(1) No person who has made and subscribed a declaration in respect of any press under section 4 of the Jammu and Kashmir State Press and Publications Act, S. 1989 (Jammu and Kashmir Act, No. I of S. 1989) shall keep the press in his possession for the printing of books or papers 30 [after the 31st day of December, 1968, unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that press under section 4 of this Act.
(2) Every person who has subscribed to any declaration in respect of a newspaper under section 5 of the Jammu and Kashmir State Press and Publications Act, S. 1989 (Jammu and Kashmir Act, No. 1 of S. 1989) shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration 2[after the 31st day of December, 1968 unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that newspaper under rule (2) of the rules laid down in section 5 of this Act.]

6. Authentication of declaration.—Each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the signature and official seal of the Magistrate before whom the said declaration shall have been made: 31 [Provided that where any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case of newspapers owned by the same person, be so authenticated unless the Magistrate 32 [is, on inquiry from the Press Registrar, satisfied] that the newspaper proposed to be published does not bear a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State.]
(Deposit) —One of the said originals shall be deposited among the records of the office of the Magistrate, and the other shall be deposited among the records of the High Court of Judicature, or 33 [other principal Civil Court of original jurisdiction for the place where] the said declaration shall have been made. Inspection and supply of copies.—The Officer-in -charge of each original shall allow any person to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said declaration, attested by the seal of the Court which has the custody of the original, on payment of a fee of two rupees. 34 [A copy of the declaration attested by the official seal of the Magistrate, or a copy of the order refusing to authenticate the declaration, shall be forwarded as soon as possible to the person making and subscribing the declaration and also to the Press Registrar.]

7. Office copy of declaration to be prima facie evidence.—In any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is aforesaid, attested by the seal of some Court empowered by this Act to have the custody of such declarations, 1[or, in the case of the editor, a copy of the newspaper containing his name printed on it as that of the editor] shall be held (unless the contrary be proved) to be suficient evidence, as against the person whose name shall be subscribed to such declaration, 1[or printed on such newspaper, as the case may be] that the said person was printer or publisher, or printer and publisher (according as the words of the said declaration may be) of every portion of every 2[newspaper] whereof the title shall correspond with the title of the 2[newspaper] mentioned in the declaration, 5[or the editor of every portion of that issue of the newspaper of which a copy is produced].

8. New declaration by persons who have signed a declaration and subsequently ceased to be printers or publishers.— 37 [If any person has subscribed to any declaration in respect of a newspaper under section 5 and the declaration has been authenticated by a Magistrate under section 6 and subsequently that person ceases to be the printer or publisher of the newspaper mentioned in such declaration, he shall appear before any District, Presidency or Sub-divisional Magistrate, and make and subscribe in duplicate the following declaration:— “I, A.B., declare that I have ceased to be the printer or publisher or printer and publisher of the newspaper entitled—”.] Authentication and filing.—Each original of the latter declaration shall be authenticated by the signature and seal of the Magistrate before whom the said latter declaration shall have been made, and one original of the said latter declaration shall be filed along with each original of the former declaration. Inspection and supply of copies.—The Officer-in-charge of each original of the latter declaration shall allow any person applying to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said latter declaration, attested by the seal of the Court having custody of the original, on payment of a fee of two rupees. Putting copy in evidence.—In all trials in which a copy, attested as is aforesaid, of the former declaration shall have been put in evidence, it shall be lawful to put in evidence a copy, attested as is aforesaid, of the latter declaration, and the former declaration shall not be taken to be evidence that the declarant was, at any period subsequent to the date of the latter declaration, printer or publisher of the 38 [newspaper] therein mentioned. 39 [A copy of the latter declaration attested by the official seal of the Magistrate shall be forwarded to the Press Registrar.]

1[8A. Person whose name has been incorrectly published as editor may make a declaration before a Magistrate.—If any person, whose name has appeared as editor on a copy of a newspaper, claims that he was not the editor of the issue on which his name has so appeared, he may, within two weeks of his becoming aware that his name has been so published, appear before a District, Presidency or Sub-Divisional Magistrate and make a declaration that his name was incorrectly published in that issue as that of the editor thereof, and if the Magistrate after making such inquiry or causing such inquiry to be made as he may consider necessary is satisfied that such declaration is true, he shall certify accordingly, and on that certificate being given the provisions of section 7 shall not apply to that person in respect of that issue of the newspaper. The Magistrate may extend the period allowed by this section in any case where he is satisfied that such person was prevented by sufficient cause from appearing and making the declaration within that period.]

41 [8B. Cancellation of declaration.—If, on an application made to him by the Press Registrar or any other person or otherwise, the Magistrate empowered to authenticate a declaration under this Act, is of opinion that any declaration made in respect of a newspaper should be cancelled, he may, after giving the person concerned an opportunity of showing cause against the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by such person and after giving him an opportunity of being heard, he is satisfied that—
(i) the newspaper, in respect of which the declaration has been made is being published in contravention of the provisions of this Act or rules made thereunder; or
(ii) the newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State; or
(iii) the printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in such declaration; or
(iv) the declaration was made on false representation or on the concealment of any material fact or in respect of a periodical work which is not a newspaper; the Magistrate may, by order, cancel the declaration and shall forward as soon as possible a copy of the order to the person making or subscribing the declaration and also to the Press Registrar.

8C. Appeal.—
(1) Any person aggrieved by an order of a Magistrate refusing to authenticate a declaration under section 6 or cancelling a declaration under section 8B may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the Appellate Board to be called the Press and Registration Appellate Board 42 [consisting of a Chairman and another member to be nominated by the Press Council of India, established under section 4 of the Press Council Act, 1978 (37 of 1978), from among its members]: Provided that the Appellate Board may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) On receipt of an appeal under this section, the Appellate Board may, after calling for the records from the Magistrate and after making such further inquiries as it thinks fit, confirm, modify or set aside the order appealed against.
(3) Subject to the provisions contained in sub-section (2), the Appellate Board may, by order, regulate its practice and procedure.
(4) The decision of the Appellate Board shall be final.]

9. Copies of books printed after commencement of Act to be delivered gratis to Government.—Printed 43 [***] copies of the whole of every book which shall be printed 43 [***] in 44 [India] after this Act shall come into force, together with all maps, prints or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same, shall, notwithstanding any agreement (if the book be published) between the printer and publisher thereof, be delivered by the printer at such place and to such officer as the State Government shall, by notification in the Official Gazette, from time to time direct, and free of expense to the Government, as follows, that is to say:—
(a) in any case, within one calendar month after the day on which any such book shall first be delivered out of the press, one such copy, and,
(b) if within one calendar year from such day the State Government shall require the printer to deliver other such copies not exceeding two in number, then within one calendar month after the day on which any such requisition shall be made by the State Government on the printer, another such copy, or two other such copies, as the State Government may direct, the copies so delivered being bound, sewed or stitched together and upon the best paper on which any copies of the book shall be printed 43 [***]. The publisher or other person employing the printer shall, at a reasonable time before the expiration of the said month, supply him with all maps, prints and engravings finished and coloured as aforesaid, which may be necessary to enable him to comply with the requirements aforesaid. Nothing in the former part of this section shall apply to—
(i) any second or subsequent edition of a book in which edition no additions or alterations either in the letter-press or in the maps, prints or other engravings belonging to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this Act, or
(ii) any 45 [newspaper] published in conformity with the rules laid down in section 5 of this Act.

10. Receipt for copies delivered under section 9.—The officer to whom a copy of a book is delivered under the last foregoing section shall give to the printer a receipt in writing therefor. foregoing section shall give to the printer a receipt in writing therefor.”

11. Disposal of copies delivered under section 9.—The copy delivered pursuant to clause
(a) of the first paragraph of section 9 of this Act shall be disposed of as the State Government shall from time to time determine. Any copy or copies delivered pursuant to clause (b) of the said paragraph shall be 46 [transmitted to the Central Government].
47 [11A. Copies of newspapers printed in India to be delivered gratis to Government.—The printer of every newspaper in 48 [India] shall deliver at such place and to such officer as the State Government may, by notification in the Official Gazette, direct, and free of expense to the Government, two copies of each issue of such newspaper as soon as it is published.]

49 [11B. Copies of newspapers to be delivered to Press Registrar.—Subject to any rules that may be made under this Act, the publisher of every newspaper in India shall deliver free of expense to the Press Registrar one copy of each issue of such newspaper as soon as it is published.]

12. Penalty for printing contrary to rule in section 3.— Whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in section 3 of this Act, shall, on conviction before a Magistrate, be punished by fine not exceeding 1[two thousand] rupees, or by simple imprisonment for a term not exceeding 2[six months], or by both.

13. Penalty for keeping press without making declaration required by section 4.— Whoever shall keep in his possession any such press as aforesaid. 52 [In contravention of any of the provisions contained in section 4 of this Act], shall, on conviction before a Magistrate, be punished by fine not exceeding 53 [two thousand] rupees, or by simple imprisonment for a term not exceeding 54 [six months] or by both.

14. Punishment for making false statement.—Any person who shall, in making 57 [any declaration or other statement] under the authority of this Act, make a statement which is false, and which he either knows or believes to be false, or does not believe to be true, shall, on conviction before a Magistrate, be punished by fine not exceeding 55 [two thousand] rupees, and imprisonment for a term not exceeding 56 [six months].

15. Penalty for printing or publishing newspaper without conforming to rules.—1[
(1) ] Whoever shall 2[edit], print or publish any 3[newspaper], without conforming to the rules hereinbefore laid down, or whoever shall 2[edit], print or publish, or shall cause to be 2[edited], printed or published, any 4[newspaper], knowing that the said rules have not been observed with respect to 5[that newspaper], shall, on conviction before a Magistrate, be punished with fine not exceeding 6[two thousand] rupees, or imprisonment for a term not exceeding 7[six months] or both. 8[(2) Where an offence is committed in relation to a newspaper under sub-section (1), the Magistrate may, in addition to the punishment imposed under the said sub-section, also cancel the declaration in respect of the newspaper.]

1[15A. Penalty for failure to make a declaration under section 8.—If any person who has ceased to be a printer or publisher of any newspaper fails or neglects to make a declaration in compliance with section 8, he shall, on conviction before a Magistrate, be punishable by fine not exceeding two hundred rupees.]
The Press and Registration of Books Act, 1867

1[16. Penalty for not delivering books or not supplying printer with maps.—If any printer of any such book as is referred to in section 9 of this Act shall neglect to deliver copies of the same pursuant to that section, he shall for every such default forfeit to the Government such sum not exceeding fifty rupees as a Magistrate having jurisdiction in the place where the book was printed may, on the application of the officer to whom the copies should have been delivered or of any person authorised by that officer in this behalf, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be the value of the copies which the printer ought to have delivered. If any publisher or other person employing any such printer shall neglect to supply him, in the matter prescribed in the second paragraph of section 9 of this Act with the maps, prints or engravings which may be necessary to enable him to comply with the provisions of that section, such publisher or other person shall for every such default forfeit to the Government such sum not exceeding fifty rupees as such a Magistrate as aforesaid may, on such an application as aforesaid, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be the value of the maps, prints or engravings which such publisher or other person ought to have supplied.]

1[16A. Penalty for failure to supply copies of newspapers gratis to Government.—If any printer of any newspaper published in 2[India] neglects to deliver copies of the same in compliance with section 11A, he shall, on the complaint of the officer to whom copies should have been delivered or of any person authorised by that officer in this behalf, be punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, with fine which may extend to fifty rupees for every default.]

1[16B. Penalty for failure to supply copies of newspapers to Press Registrar.—If any publisher of any newspaper published in India neglects to deliver copies of the same in compliance with section 11B, he shall, on the complaint of the Press Registrar, be punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, by fine which may extend to fifty rupees for every default.]
1[17. Recovery of forfeitures and disposal thereof and of fines.—Any sum forfeited to the Government under 2[section 16] may be recovered, under the warrant of the Magistrate determining the sum, or of his successor in office, in the manner authorised by the Code of Criminal Procedure (10 of 1882)3 for the time being in force, and within the period prescribed by the Indian Penal Code (45 of 1860), for the levy of a fine. 4[***]

18. Registration of memoranda of books.—There shall be kept at such office, and by such officer as the State Government shall appoint in this behalf, a book to be called a Catalogue of Books printed in 1[India], wherein shall be registered a memorandum of every book which shall have been delivered 2[pursuant to clause
(a) of the first paragraph of section 9] of this Act. Such memorandum shall (so far as may be practicable) contain the following particulars (that is to say):—
(1) the title of the book and the contents of the title-page, with a translation into English of such title and contents, when the same are not in the English language;
(2) the language in which the book is written;
(3) the name of the author, translator, or editor of the book or any part thereof;
(4) the subject;
(5) the place of printing and the place of publication;
(6) the name of firm of the printer and the name of firm of the publisher;
(7) the date of issue from the press or of the publication;
(8) the number of sheets, leaves or pages;
(9) the size;
(10) the first, second or other number of the edition;
(11) the number of copies of which the edition consists;
(12) whether the book is printed, 3[cyclostyled or lithographed];
(13) the price at which the book is sold to the public; and
(14) the name and residence of the proprietor of the copyright or of any portion of such copyright. Such memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of the 4[copy thereof pursuant to clause (a) of the first paragraph of section 9] 5[***]

19. Publication of memoranda registered.—The memoranda registered during each quarter in the said Catalogue shall be published in the Official Gazette, as soon as may be after the end of such quarter, and a copy of the memoranda so published shall be sent 1[***] to the Central Government 2[***].

*19A. Appointment of Press Registrar and other officers.—The Central Government may appoint a Registrar of newspapers for India and such other officers under the general superintendence and control of the Press Registrar as may be necessary for the purpose of performing the functions assigned to them by or under this Act, and may, by general or special order, provide for the distribution or allocation of functions to be performed by them under this Act.

*19B. Register of newspapers.—
(1) The Press Registrar shall maintain in the prescribed manner a Register of newspapers.
(2) The Register shall, as far as may be practicable, contain the following particulars about every newspaper published in India, namely:—
(a) the title of the newspaper;
(b) the language in which the newspaper is published;
(c) periodicity of the publication of the newspaper;
(d) the name of the editor, printer and publisher of the newspaper;
(e) the place of printing and publication;
(f) the average number of pages per week;
(g) the number of days of publication in the year;
(h) the average number of copies printed, the average number of copies sold to the public and the average number of copies distributed free to the public, the average being calculated with reference to such period as may be prescribed;
(i) retail selling price per copy;
(j) the names and addresses of the owners of the newspaper and such other particulars relating to ownership as may be prescribed;
(k) any other particulars which may be prescribed.
(3) On receiving information from time to time about the aforesaid particulars, the Press Registrar shall cause relevant entries to be made in the Register and may make such necessary alterations or corrections therein as may be required for keeping the Register up-to-date.

*19C. Certificates of registration.—On receiving from the Magistrate under section 6 a copy of the declaration in respect of a newspaper 1[and on the publication of such newspaper, the Press Registrar shall], as soon as practicable thereafter, issue a certificate of registration in respect of that newspaper to the publisher thereof.

*19D. Annual statement, etc., to be furnished by newspapers.—It shall be the duty of the publisher of every newspaper—
(a) to furnish to the Press Registrar an annual statement in respect of the newspaper at such time and containing such of the particulars referred to in sub-section (2) of section 19B as may be prescribed;
(b) to publish in the newspaper at such times and such of the particulars relating to the newspaper referred to in sub-section (2) of section 19B as may be specified in this behalf by the Press Registrar.

*19E. Returns and reports to be furnished by newspapers.—The publisher of every newspaper shall furnish to the Press Registrar such returns, statistics and other information with respect to any of the particulars referred to in sub- section (2) of section 19B as the Press Registrar may from time to time require.

*19F. Right of access to records and documents.—The Press Registrar or any gazetted officer authorised by him in writing in this behalf shall, for the purpose of the collection of any information relating to a newspaper under this Act, have access to any relevant record or document relating to the newspaper in the possession of the publisher thereof, and may enter at any reasonable time any premises where he believes such record or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished under this Act.

*19G. Annual report.—The Press Registrar shall prepare, in such form and at such time each year as may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the newspapers in India and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the Central Government.

*19H. Furnishing of copies of extracts from Register.—On the application of any person for the supply of the copy of any extract from the Register and on payment of such fee as may be prescribed, the Press Registrar shall furnish such copy to the applicant in such form and manner as may be prescribed.

*19-I. Delegation of powers.—Subject to the provisions of this Act and regulations made thereunder, the Press Registrar may delegate all or any of his powers under this Act to any officer subordinate to him.

*19J. Press Registrar and other officers to be public servants.—The Press Registrar and all officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

*19K. Penalty for contravention of section 19D or section 19E, etc.—If the publisher of any newspaper—
(a) refuses or neglects to comply with the provisions of section 19D or section 19E; or 1[***]
(c) publishers in the newspaper in pursuance of clause (b) of section 19D any particulars relating to the newspaper which he has reason to believe to be false, he shall be punishable with fine which may extend to five hundred rupees.
*19L. Penalty for improper disclosure of information.—If any person engaged in connection with the collection of information under this Act wilfully discloses any information or the contents of any return given or furnished under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code (45 of 1860), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

1[20. Power of State Government to make rules.—
(1) The State Government may, by notification in the Official Gazette, make such rules (not inconsistent with the rules made by the Central Government under section 20A) as may be necessary or desirable for carrying out the objects of this Act.
(2) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.]

1[20A. Power of Central Government to make rules.—
(1) The Central Government may, by notification in the Official Gazette, make rules—
(a) prescribing the particulars which a declaration made and subscribed under section 5 may contain; 2[and the form and manner in which the names of the printer, publisher, owner and editor of a newspaper and the place of its printing and publication may be printed on every copy of such newspaper]; 3[(b) prescribing the manner in which copies of any declaration attested by the official seal of a Magistrate or copies of any order refusing to authenticate any declaration may be forwarded to the person making and subscribing the declaration and to the Press Registrar;]
(c) prescribing the manner in which copies of any newspaper may be sent to the Press Registrar under section 11B;
(d) prescribing the manner in which a Register may be maintained under section 19B and the particulars which it may contain;
(e) prescribing the particulars in which an annual statement to be furnished by the publisher of a newspaper to the Press Registrar may contain;
(f) prescribing the form and manner in which an annual statement under clause (a) of section 19D, or any returns, statistics or other information under section 19E, may be furnished to the Press Registrar;
(g) prescribing the fees for furnishing copies of extracts from the Register and the manner in which such copies may be furnished;
(h) prescribing the manner in which a certificate of registration may be issued in respect of a newspaper;
(i) prescribing the form in which, and the time within which, annual reports may be prepared by the Press Registrar and forwarded to the Central Government. 4[(2) Every rule made under this section shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or 5[in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]]

1[20B. Rules made under this Act may provide that contravention thereof shall be punishable.— Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.]

21. Power to exclude any class of books from operation of Act.—1[The State Government may, by notification in the Official Gazette], exclude any class of books 2[or papers] from the operation of the whole or any part or parts of this Act: 3[Provided that no such notification in respect of any class of newspapers shall be issued without consulting the Central Government.]

1[22. Extent.—This Act extends to the whole of India 2[***].]

23. Commencement of Act.—[Rep. by the Repealing Act, 1870 (14 of 1870), sec. 1 and Sch., Pt. II.]


1. Section 1 re-numbered as sub-section (1) thereof by Act 16 of 1965, sec. 2 (w.e.f. 1-11-1965).
2. The words “or lithographed” omitted by Act 55 of 1955, sec. 4 (w.e.f. 1-7-1956).
3. Definition of “British India” rep. by the A.O. 1937 see now the definition in sec. 3 (5) of the General Clauses Act, 1897 (10 of 1897).
4. Now Presidency Magistrate, see Code of Criminal Procedure, 1973 (2 of 1974).
5. The words “and a Justice of the Peace” rep. by Act 10 of 1890, sec. 2.
6. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
7. Paragraphs relating to the definitions of “Number” and “Gender” rep. by Act 10 of 1914, sec. 3 and Sch. II; definition of “Local Government” rep. by the A.O. 1937 and the definition of “States” ins. by the A.O. 1950 was rep. by Act 3 of 1951, sec. 3 and Sch.
8. Ins. by Act 55 of 1955, sec. 4 (w.e.f. 1-7-1956).
9. Ins. by Act 16 1965, sec. 2 (w.e.f. 1-11-1965).
10. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
11. Ins. by Act 12 of 1891, sec. 2 and Sch. II, Pt. I.
12. Section 4 re-numbered as sub-section (1) of that section by Act 55 of 1955, sec. 5 (w.e.f. 1-7-1956).
13. Subs. by Act 56 of 1951, sec. 36, for “the Magistrate” (w.e.f. 1-2-1952).
14. Ins. by Act 55 of 1955, sec. 5 (w.e.f. 1-7-1956).
15. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for certain words.
16. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
17. Subs. by Act 26 of 1960, sec. 2, for rule (1) (w.e.f. 1-10-1960) which was ins. by Act 14 of 1922, sec. 3 and Sch. I.
18. Rule (1) re-numbered as rule (2) by Act 14 of 1922, sec. 3 and Sch. I.
19. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
20. The words “, or such printer or publisher resides,” omitted by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).
21. Subs. by Act 55 of 1955, sec. 6, for certain words (w.e.f. 1-7-1956).
22. Ins. by Act 55 of 1955, sec. 6 (w.e.f. 1-7-1956).
23. Ins. by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).
24. Rule (2) re-numbered as rule (3) by Act 14 of 1922, sec. 3 and Sch, I.
25. Subs. by Act 26 of 1960, sec. 2 for rule (4) (w.e.f. 1-10-1960) which had been re-numbered for the original rule (3) by Act 14 of 1922, sec. 3 and Sch. I.
26. Subs. by Act 26 of 1960, sec. 2, for “of the declaration” (w.e.f. 1-10-1960).
27. Ins. by Act 14 of 1922, sec. 3 and Sch. I
28. Ins. by Act 26 of 1960, sec. 2 (w.e.f. 1-10-1960).
29. Ins. by Act 16 of 1965, sec. 3 (w.e.f. 1-11-1965).
30. Subs. by Act 30 of 1968, sec. 2, for certain words (retrospectively).
31. Ins. by Act 55 of 1955, sec. 7 (w.e.f. 1-7-1956).
32. Subs. by Act 26 of 1960, sec. 3, for certain words (w.e.f. 1-10-1960).
33. Subs. by Act 10 of 1890, sec. 3, for certain words.
34. Subs. by Act 26 of 1960, sec. 3, for the fourth paragraph (w.e.f. 1-10-1960) which was ins. by Act 55 of 1955, sec. 7 (w.e.f. 1-7-1956).
35. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
36. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
37. Subs. by Act 55 of 1955, sec. 8, for the first paragraph (w.e.f. 1-7-1956).
38. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
39. Ins. by Act 55 of 1955, sec. 8 (w.e.f. 1-7-1956).
40. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
41. Ins. by Act 26 of 1960, sec. 4 (w.e.f. 1-10-1960).
42. Subs. by Act 37 of 1978, sec. 27, for certain words.
43. The words “or lithographed” omitted by Act 55 of 1955, sec. 9 (w.e.f. 1-7-1956).
44. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
45. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “periodical work”.
46. Subs. by the A.O. 1948, for certain words.
47. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
48. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
49. Ins. by Act 55 of 1955, sec. 10 (w.e.f. 1-7-1956).
50. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
51. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
52. Subs. by Act 55 of 1955, sec. 11, for “without making such a declaration as is required by section 4 of this Act” (w.e.f. 1-7-1956).
53. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
54. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
55. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
56. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
57. Subs. by Act 55 of 1955, sec. 12, for “any declaration” (w.e.f. 1-7-1956).
58. Section 15 re-numbered as sub-section (1) of that section by Act 26 of 1960, sec. 5 (w.e.f. 1-10-1960).
59. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
60. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “such periodical work as is hereinbefore described”.
61. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “such periodical work”.
62. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “that work”.
63. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
64. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
65. Ins. by Act 26 of 1960, sec. 5 (w.e.f. 1-10-1960).
66. Ins. by Act 55 of 1955, sec. 13 (w.e.f. 1-7-1956).
67. Subs. by Act 10 of 1890, sec. 5, for sections 16.
68. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
69. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States” (w.e.f. 1-4-1951).
70. Ins. by Act 55 of 1955, sec. 14 (w.e.f. 1-7-1956).
71. Subs. by Act 10 of 1890, sec. 5, for section 17.
72. Subs. by Act 11 of 1923, sec. 2 and Sch. I, for “the last foregoing section”.
73. See Now the Code of Criminal Procedure, 1973 (2 of 1974).
74. The second paragraph rep. by the A.O. 1937.
75. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States” (w.e.f. 1-4-1951).
76. Subs. by Act 10 of 1890, sec. 6, for “pursuant to section 9”.
77. Subs. by Act 55 of 1955, sec. 15, for “or lithographed” (w.e.f. 1-7-1956).
78. Subs. by Act 10 of 1890, sec. 6, for “copies thereof in manner aforesaid”.
79. Last sentence of section 18 rep. by Act 3 of 1914, sec. 15 and Sch. II.
80. The words “to the said Secretary of State, and” rep. by the A.O. 1948.
81. The word “respectively” omitted by the A.O. 1948.
82. Subs. by Act 26 of 1960, sec. 6, for certain words (w.e.f. 1-10-1960).
83. C1ause (b) omitted by Act 26 of 1960, sec. 7 (w.e.f. 1-10-1960).
84. Subs. by Act 20 of 1983, sec. 2 and Sch., for section 20 (w.e.f. 15-3-1984).
85. Ins. by Act 55 of 1955, sec. 18 (w.e.f. 1-7-1956).
86. Ins. by Act 26 of 1960, sec. 8 (w.e.f. 1-10-1960).
87. Subs. by Act 26 of 1960, sec. 8, for clause (b) (w.e.f. 1-10-1960).
88. Subs. by Act 26 of 1960, sec. 8, for sub-section (2) (w.e.f. 1-10-1960).
89. Subs. by Act 20 of 1983, sec. 2 and Sch., for certain words (w.e.f. 15-3-1984).
90. Ins. by Act 26 of 1960, sec. 9 (w.e.f. 1-10-1960).
91. Subs. by the A.O. 1937, for certain words.
92. Ins. by Act 11 of 1915, sec.2 and Sch. I.
93. Ins. by Act 26 of 1960, sec. 10 (w.e.f. 1-10-1960).
94. Ins. by Act 55 of 1955, sec. 19 (w.e.f. 1-7-1956). Earlier section 22 was repealed by Act 10 of 1890, sec. 7.
95. The words “except the State of Jammu and Kashmir” omitted by Act 16 of 1965, sec. 4 (w.e.f. 1-11-1965).

Media Law -2

1 Theories of Freedom of Expression and the Media
2 Freedom of Media Expression under the Constitution and the Convention
3 Censorship and Public Morality
4 The Media and Politics
5 The Media and the Courts
6 Defamation
7 Privacy
8 Broadcasting Regulation in India
9 Regulation of the Press
10 Media Ownership