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Report No. 43

7.116. Defamation of the State.-

We considered the question if publicly defaming or maliciously vilifying India or one of the State should be punished.

Reference was made in this connection to the German Pena11-2 Code. We think, however, that if the defamation of this type is really harmful, it would be possible to take action under other provisions. For example, if a class of persons is defamed, section 153A of the Penal Code could be invoked. If the speech or writing causes disaffection likely to lead to a disturbance of public order, the act would amount to sedition.

In the circumstances, no further legislative provision is called for.

1. German Penal Code, 1871, section 96, para. 1(1).

2. Also Draft German Penal Code, section 378.

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