IN THE SUPREME COURT OF INDIA

WRIT PETITION (CRIMINAL) NO. 106 OF 2015

[Under Article 32 of the Constitution of India]

In the Matter of:
Foundation for Media Professionals

Petitioner

Versus
Union of India

Respondent

DIRECTIONS WHICH MAY BE ISSUED UNDER ARTICLE 142 FOR

CASES UNDER SECTION 499 OF THE IPC
This Honble Court may be pleased to issue directions/frame
safeguards under Article 142 of the Constitution of India to
prevent abuse of the process of law. Such directions may include
the following steps which this Honble Court may mandate to be
taken by a Magistrate before issuance of summons in a criminal
complaint under Section 499/500 IPC and when dealing with such
complaints :
1.

The MM must verify the registration of the publication

(book/newspaper/paper) in question under the Press and
Registration of Books Act, 1867 ; a complaint u/s
499/500 would lie only before the Court having territorial
jurisdiction over the place where the publication is
registered/declaration is filed u/s 5 PRB Act.

For

purposes of territorial jurisdiction only the place of first

publication must be considered.
2.

For on-line publications and web-editions of publications,

the place where the registered office of the company
owning the publication is situate, would be the proper
place for deciding territorial jurisdiction for a complaint
u/s 499/500 IPC.

3.

If none of the directions/safeguards as regards territorial

jurisdiction stated above applies (such as in the case of
individual bloggers), then the other legal options as to
territorial

jurisdiction

u/ss

available to a complainant.

177-179

CrPC

shall

be

4.

For a publication registered under the Press and

Registration of Books Act, the MM must verify as to who
is/are the author, editor, publisher and printer of the
publication ; and, unless there are specific allegations
against any other person, only persons named as author,
editor, publisher and printer of the publication (the last 3
as per declarations made under the PRB Act) may be
summoned in the criminal complaint.

5.

The MM must also prima-facie satisfy himself as regards

the allegation of factual inaccuracy or falsity (if any) of
any matter contained in any offending publication
(unless such fact is to the exclusive knowledge of the
accused) by calling upon the complainant to produce
evidence

and

material

to

show

such

factual

inaccuracy/falsity, in exercise of powers under Section

165 Evidence Act and Section 311 CrPC.
6.

Grant

of

permanent

exemption

from

personal

appearance to the accused u/s 205 CrPC must be the

norm, even without requiring initial appearance for bail ;
and personal presence of the accused be compelled only
when necessary to record evidence.