A Treatise On the Law of Sedition And Cognate Offences in British India Penal a

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Ii — in).
It may be said, then, that the second branch of section 124 A which is comprised in the second and third explanations prescribes the limits of free criticism by speech or pen, in terms which are no longer ambiguous. The restrictions imposed have, moreover, been so clearly explained by judicial authority, that misapprehension is hardly possible.
In this connection, however, it is necessary to bear in mind a fact which has been well established since the days of Lord Mansfield. It is th
...at on a charge of seditious libel, the plea can never be taken either that the libel was true or for the pub- lic benefit. In this respect it differs from a common libel, and it is well that it should be so, in the interests of the State.
This proposition has been stated by Sir L. Jenkins, C. J. , in Luxman's case (2 Bom. L. R. , 298) as follows: — "Even if there were a grievance, and even if it could be said that the articles are based on that which is true, still if these articles are such as to create feelings of hatred, contempt, or disaffection the truth would be no answer to the charge, though it might in- fluence the measure of punishment which it would be proper to inflict.


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