CrPC Section 455: Destruction of Libellous & Other Matter
1. Code:
Section 455 of the Code of Criminal Procedure, 1973 (CrPC) deals with the destruction of libellous and other objectionable matter.
2. Explanation:
This section empowers a Magistrate to order the destruction of any document, painting, caricature, or other object that is:
- Libellous: Defamatory or harmful to the reputation of a person.
- Seditious: Inciting or tending to incite rebellion against the government.
- Obscene: Indecent or offensive to public morals.
- Injurious to public health: Likely to cause harm to the health of the public.
- Otherwise objectionable: Anything else that is deemed to be harmful or inappropriate.
The Magistrate can issue such an order if they are satisfied that the matter is of the above-mentioned nature and that its continued existence is likely to cause public mischief.
3. Illustration:
A person publishes a pamphlet containing defamatory statements against a political leader. A Magistrate, upon receiving a complaint and finding the pamphlet to be libellous, can order its destruction under Section 455 of the CrPC.
4. Common Questions and Answers:
Q: Who can issue an order under Section 455?
A: Only a Magistrate has the authority to order the destruction of such material.
Q: What are the grounds for ordering destruction?
A: The material must be libellous, seditious, obscene, injurious to public health, or otherwise objectionable.
Q: What is the process for ordering destruction?
A: A complaint must be filed with the Magistrate, who will then investigate the matter and decide whether to issue an order.
Q: Can the owner of the material challenge the order?
A: Yes, the owner of the material can challenge the Magistrate’s order in a higher court.
