IN THE SUPREME COURT OF INDIAWRIT PETITION (CRIMINAL) NO. 106 OF 2015[Under Article 32 of the Constitution of India]

In the Matter of:Foundation for Media Professionals PetitionerVersusUnion 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 177-179 CrPC shall be available to a complainant.

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.