Law & press

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Law & press

  1. 1. Press Law &
  2. 2. What is Law? <ul><li>Law is nothing but codified Common Sense. </li></ul>
  3. 3. Law <ul><li>The Law is the organization of the natural rights of lawful defense. It is the substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful rights to do: to protect persons, liberties, and properties ; to maintain the right of each, and to cause justice to reign over us all. </li></ul>
  4. 4. Types of Law <ul><li>Religious/Natural </li></ul><ul><li>Man Made </li></ul><ul><ul><li>Common Law </li></ul></ul><ul><ul><li>Specific Law </li></ul></ul>
  5. 5. Types of Law <ul><li>Common Laws </li></ul><ul><li>Constitutional law </li></ul><ul><li>Criminal law </li></ul><ul><li>Tort law </li></ul><ul><li>Property law </li></ul><ul><li>Nationality law </li></ul><ul><li>Specific Laws </li></ul><ul><li>Administrative law </li></ul><ul><li>Contract law </li></ul><ul><li>Labour law </li></ul><ul><li>Trust law </li></ul><ul><li>Hindu Law </li></ul><ul><li>Mohammedan law </li></ul><ul><li>Christian Law </li></ul>
  6. 6. Legal System & Democracy Legislation (Parliament/State Assemblies) Executive (Ministry/Administration/Police) Supreme Court Constitution
  7. 7. Indian Judiciary <ul><li>Supreme Court </li></ul><ul><li>High Court </li></ul><ul><li>Lower Courts/ Tribunal </li></ul>
  8. 8. Supreme Court <ul><li>The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court , guardian of the Constitution and the highest court of appeal. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. </li></ul><ul><li>The Supreme Court of India had its inaugural sitting on 28 January 1950 , and since then has delivered more than 24,000 reported judgments. </li></ul><ul><li>Supreme court is not only the final court of permissible Appeal , but also deals with interstate matters , and matters comprising of more than one state, and the matters between the Union Government and any one or more states, as the matters on its original side. </li></ul><ul><li>The Appeals to this court are allowed from the High Court, only after the matter is deemed to be important enough on the point of law or on the subject of the constitution of the nation, and is certified as such by the relevant High Court. In the absence of any certificate from the High Court, a person may, with the leave of the apex court, appeal to this court, by filing a Special Leave Petition before the court. </li></ul><ul><li>A person or body may also file a Writ (PIL) against the violation of Fundamental Rights granted under the Constitution of India, with the permission of the apex court. </li></ul><ul><li>Certain writs are allowed to be instituted in the apex court directly, against the orders of the Courts of the Court Martial, and the Central Administrative Tribunals. </li></ul>
  9. 9. High Court <ul><li>High Courts are instituted as constitutional courts under Part VI, Chapter V, Article 214 of the Indian Constitution. </li></ul><ul><li>Every State has a High Court, which works under the direct guidance and supervision of the Supreme Court of India, and is the uppermost court in that state, and generally the last court of regular appeals . </li></ul><ul><li>The High Courts are also termed as the courts of equity, and can be approached in writs not only for violation of fundamental rights under the provisions of Article 32 of the Indian constitution, but also for any other rights under Article 226 of the Constitution , and under its powers to supervise over all its subordinate courts falling within the physical jurisdiction of the same under Article 227 of the Constitution. In fact, when apparently there is no effective remedy available to a person in equity, it can always move the High Court in an appropriate writ. </li></ul><ul><li>All the High Courts have different division benches in different parts of the respective states for speedier cheaper and effective dispensing of justice. </li></ul><ul><li>For the purpose of disposal of its business, the Judges in the High Court, either sit singly or in benches of two or more judges in benches for deciding more important matters. </li></ul>
  10. 10. Indian High Courts 63 Port Blair (circuit bench) Calcutta West Bengal , Andaman and Nicobar Islands High Courts Act, 1861 1862-07-02 Calcutta High Court 60 Nagpur , Panaji , Aurangabad Mumbai Maharashtra , Goa , Dadra and Nagar Haveli , Daman and Diu High Courts Act, 1861 1862-08-14 Bombay High Court 39   Hyderabad Andhra Pradesh Andhra State Act, 1953 1954-07-05 Andhra Pradesh High Court 95 Lucknow Allahabad Uttar Pradesh High Courts Act, 1861 1866-06-11 Allahabad High Court Jud. Benches Seat Jurisdiction Act established Established Court name
  11. 11. Indian High Courts 14   Srinagar & Jammu [4] Jammu & Kashmir Letters Patent issued by the Maharaja of Kashmir 1943-08-28 Jammu and Kashmir High Court 09   Shimla Himachal Pradesh State of H.P. Act, 1970 1971 Himachal Pradesh High Court 42   Ahmedabad Gujarat Bombay Re-organsisation Act, 1960 1960-05-01 Gujarat High Court 27 Kohima , Aizwal & Imphal . Circuit Bench at Agartala & Shillong Guwahati Arunachal Pradesh , Assam , Manipur , Meghalaya , Nagaland , Tripura , Mizoram Government of India Act, 1935 1948-03-01 Gauhati High Court [3] 36   New Delhi National Capital Territory of Delhi Delhi High Court Act, 1966 1966-10-31 Delhi High Court [2] 08   Bilaspur Chhattisgarh Madhya Pradesh Re-organisation Act, 2000 2000-01-11 Chhattisgarh High Court
  12. 12. Indian High Courts 43   Patna Bihar Government of India Act, 1915 1916-09-02 Patna High Court 27   Cuttack Orissa Orissa High Court Order, 1948 1948-04-03 Orissa High Court 47 Madurai Chennai Tamil Nadu , Pondicherry High Courts Act, 1861 1862-08-15 Madras High Court 42 Gwalior , Indore Jabalpur Madhya Pradesh Government of India Act, 1935 1936-01-02 Madhya Pradesh High Court [7] 40   Kochi Kerala , Lakshadweep States Reorganisation Act , 1956 1956 Kerala High Court [6] 40 Circuit Benches at Hubli-Dharwad & Gulbarga   Bangalore Karnataka Mysore High Court Act, 1884 1884 Karnataka High Court [5] 12   Ranchi Jharkhand Bihar Re-organisation Act, 2000 2000 Jharkhand High Court
  13. 13. Indian High Courts <ul><li>Allahabad High CourtOriginally known established at Agra. Shifted to Allahabad in 1875. </li></ul><ul><li>Lahore High Court established in 1919-03-21. Jurisdiction covered undivided Punjab and Delhi. In 1947-08-11 a separate High Court of Punjab was created with its seat at Simla under the Indian Independence Act, 1947 which had jurisdiction over Punjab, Delhi and present Himachal Pradesh and Haryana. In 1966 after the reorganisation of the State of Punjab, the High Court was designated as the High Court of Punjab and Haryana. The Delhi High Court was established on 1966-10-31 with its seat at Shimla. </li></ul>09   Nainital Uttarakhand U.P. Re-organisation Act, 2000 2000 Uttaranchal High Court 03   Gangtok Sikkim 38th Amendment 1975 Sikkim High Court 40 Jaipur Jodhpur Rajasthan Rajasthan High Court Ordinance, 1949 1949-06-21 Rajasthan High Court 53   Chandigarh Punjab , Haryana , Chandigarh High Court (Punjab) Order, 1947 1947-11-08 Punjab and Haryana High Court [8]
  14. 14. Lower Courts/Tribunals <ul><li>District Judges   </li></ul><ul><li>Sessions Judges </li></ul><ul><li>Appellate Co-Operative Courts </li></ul><ul><li>Appellate Labour Courts </li></ul><ul><li>Income Tax Tribunals </li></ul><ul><li>Central Excise Tribunal </li></ul><ul><li>Sales Tax Tribunals </li></ul><ul><li>Accident Claims Tribunals </li></ul><ul><li>Special Courts </li></ul><ul><li>Administrative Tribunals </li></ul><ul><li>Military and other similar Courts </li></ul>
  15. 15. Judge & Magistrate <ul><li>Principal Civil Judges (SD & JD) </li></ul><ul><li>The Chief Judicial Magistrates and other Judicial Magistrates of First Class </li></ul><ul><li>Special Executive Magistrates </li></ul><ul><li>Metropolitan Magistrates </li></ul>
  16. 16. Indian Criminal Justice <ul><li>Indian Penal Code 1860 (IPC) </li></ul><ul><li>Criminal Procedure Code 1973 (Cr. PC) </li></ul><ul><li>Law of Evidence 1872 </li></ul>
  17. 17. Indian Penal Code <ul><li>Indian Penal Code (IPC, Hindi: भारतीय दण्ड संहिता ) The Indian Penal Code came into force in 1862 (during the British Raj) and is regularly amended, such as to inc aspects of the Criminal Law. </li></ul><ul><li>The code applies to any offence committed by an Indian Citizen anywhere and on any Indian registered ship or aircraft. </li></ul><ul><li>After independence, Indian Penal Code was inherited by Pakistan (now called Pakistan Penal Code) and Bangladesh, formerly part of British India. It was also adopted wholesale by the British colonial authorities in Burma, Sri Lanka, Malaysia, Singapore and Brunei, and remains the basis of the criminal codes in those countries. </li></ul><ul><li>The draft of the Indian Penal Code was prepared by the First Law Commission. It was chaired by Lord Macaulay passed into law in 1860, unfortunately Macaulay did not survive to see his masterpiece enacted into a law. </li></ul>
  18. 18. Offences under IPC Sections 295 to 298. CHAPTER XV - OFFENCES RELATING TO RELIGION Sections 269 to 294 A. CHAPTER XIV - OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS Sections 264 to 267. CHAPTER XIII - OFFENCES RELATING TO WEIGHTS AND MEASURES Sections 231 to 263 A. CHAPTER XII - OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS Sections 193 to 207. Sections 208 to 216. Sections 216 A to 229. CHAPTER XI - FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE Sections 172 to 190. CHAPTER X - CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS Sections 171 E to 171 I. CHAPTER IX-A - OFFENCES RELATING TO ELECTIONS Sections 161 to 171. CHAPTER IX - OFFENCES BY OR RELATING TO PUBLIC SERVANTS Sections 143 to 160. CHAPTER VIII - OFFENCES AGAINST THE PUBLIC TRANQUILITY Sections 131 to 140. CHAPTER VII - OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE Sections 121 to 130. CHAPTER VI - OFFENCES AGAINST THE STATE Section 120 B CHAPTER V - A - CRIMINAL CONSPIRACY Sections 109 to 120. CHAPTER V - ABETMENT
  19. 19. Offences Under Indian Penal Code Sections 511. CHAPTER XXIII - ATTEMPTS TO COMMIT OFFENCES. Sections 504 to 510. CHAPTER XXII - CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE Sections 500 to 502. CHAPTER XXI - DEFAMATION Sections 498 A. CHAPTER XX - A - OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND. Sections 493 to 498. CHAPTER XX - OFFENCES RELATING TO MARRIAGE. Sections 491. CHAPTER XIX - CRIMINAL BREACH OF CONTRACTS OF SERVICE Sections 465 to 489 E. CHAPTER XVIII - OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS Sections 379 to 402. Sections 403 to 440. Sections 447 to 462. CHAPTER XVII - OFFENCES AGAINST PROPERTY Sections 302 to 318. Sections 323 to 348. Sections 352 to 377. CHAPTER XVI - OFFENCES AFFECTING THE HUMAN BODY
  20. 20. Cognizable, Bailable <ul><li>A cognizable offence in the criminal justice system of India is one in which the police is empowered to register a FIR , investigate and arrest an accused involved in cognizable crime without a court warrant. </li></ul><ul><li>As defined in Cr.PC, a non-cognizable offence is one in which police can neither register a First Information Report (FIR) nor can investigate or effect arrest without the express permission or directions from the court. </li></ul><ul><li>The offences under any law (mostly the Indian Penal Code) are classified as cognizable and non-cognizable , as bailable or non-bailable and by the lowest courts which can try them. These are given and defined in the First Schedule of the Code of Criminal Procedure, 1973. </li></ul>
  21. 21. Press <ul><li>Clipped from the Printing Press </li></ul><ul><li>A Printing or Published establishment </li></ul><ul><li>The Art, business or practice of printing </li></ul><ul><li>Newspapers, magazines, news services etc, in general, or the persons who write them; journalism or journalists </li></ul><ul><li>Publicity, criticism, etc, in newspaper, magazine, etc. </li></ul><ul><li>(WEBSTER’s New World Dictionary) </li></ul>
  22. 22. What is Press? (legal) <ul><li>The Press as an establishment where printing is done </li></ul><ul><li>The Press as a Medium of Publication </li></ul><ul><li>The Products of Printing, Such as Newspaper, Pamphlets, Handbills and Books. </li></ul><ul><li>Those who engage in the production of foregoing articles, such as printer, editor, publisher, journalist or author. </li></ul><ul><li>The business aspect of a printing establishment, Newspaper in particular. </li></ul>
  23. 23. Press <ul><li>The Press as a medium of expression, publicity, criticism etc., </li></ul><ul><li>In relation to an individual (involving defamation) </li></ul><ul><li>In relation to state (involving sedition, incitement to offences) </li></ul><ul><li>In relation to court (involving contempt of Court) </li></ul><ul><li>In relation to Parliament (affecting privileges of Parliament) </li></ul><ul><li>In relation to the public in general (involving public order, decency) </li></ul>
  24. 24. What is a Newspaper? <ul><li>S. 1 (1) of Press and Registration of Books Act 1867 </li></ul><ul><li>“ Newspaper means any printed periodical work containing public news or comments on public news” </li></ul><ul><li>It must be printed </li></ul><ul><li>It must be periodically </li></ul><ul><li>It must contain news or comments on news </li></ul><ul><li>Such news must be public in nature </li></ul>
  25. 25. Newspaper Establishment <ul><li>Section 2 (d) of Working Journalist Act 1955: </li></ul><ul><li>“ Newspaper establishment means an establishment under the control of any person or body of persons, whether incorporated or not, for the production or publication of one or more newspaper or for conducting any news agency or syndicate.” </li></ul>
  26. 26. Book and Pamphlet <ul><li>S 1 (1) of Press and Registration of Book Act 1867: </li></ul><ul><li>“ Book includes every volume, part of or division of a volume, and pamphlet, in any language, and every map, chart or plan separately printed.” </li></ul><ul><li>Book exclude a newspaper, it would include a pamphlet. </li></ul>
  27. 27. Registrar of Newspapers for India <ul><li>The Office of the Registrar of Newspapers for India, popularly known as RNI came into being on July 1, 1956 , on the recommendation of the First Press Commission in 1953 and by amending the Press and Registration of Books Act (PRB Act) 1867. </li></ul><ul><li>The RNI compiles and maintains a register of newspapers containing particulars about all the newspapers published in the country; it issues certificates of registration to the newspapers published under valid declaration. It scrutinizes and analyzes annual statements sent by the publishers of newspapers every year. </li></ul><ul><li>RNI include the formulation of a Newsprint Allocation Policy—guidelines and the ability to issue Eligibility Certificates to the newspapers to enable them to import newsprint and to procure indigenous newsprint. The RNI assesses and certifies the essential needs and requirements of newspaper establishments to import printing and composing machinery and allied materials. </li></ul>
  28. 28. History of Press <ul><li>The printing press preceded the advent of printed news in India by about 250 years. </li></ul><ul><li>It was in 1674 that the first printing apparatus was established in Bombay followed by Madras in 1772. </li></ul><ul><li>India's first newspaper, Calcutta General Advertise , also known as the Hicky's Bengal Gazette was established in January 1780 . </li></ul><ul><li>First Hindi daily, Samachar Sudha Varshan , began in 1854 . </li></ul><ul><li>it is instructive to examine India's press in two broad analytical sections: the colonial and independent press (which may, again be classified into two: preceding and following the Emergency rule imposed by Indira Gandhi's government in 1975). </li></ul>
  29. 29. History of Press <ul><li>&quot;Newspaper history in India is inextricably tangled with political history,&quot; </li></ul><ul><li>James Augustus Hicky was the founder of India's first newspaper, the Calcutta General Advertiser also known as Hicky's Bengal Gazette , in 1780. </li></ul><ul><li>Soon other newspapers came into existence in Calcutta and Madras: the Calcutta Gazette , the Bengal Journal, the Oriental Magazine , the Madras Courier and the Indian Gazette . </li></ul><ul><li>While the India Gazette enjoyed governmental patronage including free postal circulation and advertisements, Hicky's Bengal Gazette earned the rulers' wrath due to its criticism of the government. </li></ul><ul><li>In November 1780 its circulation was halted by government decree. Hicky protested against this arbitrary harassment without avail, and was imprisoned. </li></ul><ul><li>The Bengal Gazette and the India Gazette were followed by the Calcutta Gazette which subsequently became the government's &quot;medium for making its general orders&quot; </li></ul><ul><li>The Bombay Herald , The Statesmen in Calcutta and the Madras Mail and The Hindu , along with many other rivals in Madras represented the metropolitan voice of India and its people. While Statesman voiced the English rulers' voice , The Hindu became the beacon of patriotism in the South . The Hindu was founded in Madras as a counter to the Madras Mail . </li></ul>
  30. 30. Press Regulations in India <ul><li>“ Our freedom depends in large part, on the continuation of a free press, which is the strongest guarantee of a free society .”   </li></ul><ul><li>The Press and Registration of Books Act, 1867 – This Act regulates printing presses and newspapers and makes registration with an appointed Authority compulsory for all printing presses.  </li></ul><ul><li>The Press (Objectionable Matters) Act, 1951 – This enactment provides against the printing and publication of incitement to crime and other objectionable matters.    </li></ul><ul><li>The Newspaper (Prices and Pages) Act, 1956 – This statute empowers the Central Government to regulate the price of newspapers in relation to the number of pages and size and also to regulate the allocation of space to be allowed for advertising matter.  </li></ul>
  31. 31. Press Regulations in India <ul><li>Delivery of Books and Newspapers (Public Libraries) Act, 1954 – According to this Act, the publishers of books and newspapers are required to deliver, free of cost, a copy of every published book to the National Library at Calcutta and one copy each to three other public libraries specified by the Central Government.  </li></ul><ul><li>The Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955 – It lays down the minimum standards of service conditions for newspaper employees and journalists.  </li></ul><ul><li>Defence of India Act, 1962 – This Act came into force during the Emergency proclaimed in 1962. This Act aimed at restricting the Freedom Of The Press to a large extent keeping in mind the unrest prevailing in India in lieu of the war against China. The Act empowered the Central Government to issue rules with regard to prohibition of publication or communication prejudicial to the civil defence/military operations, prevention of prejudicial reports and prohibition of printing or publishing any matter in any newspaper.  </li></ul><ul><li>Civil Defence Act, 1968 - It allows the Government to make rules for the prohibition of printing and publication of any book, newspaper or other document prejudicial to the Civil Defence.  </li></ul><ul><li>Press Council Act, 1978 – Under this Act, the Press Council was reconstituted (after 1976) to maintain and improve the standards of newspaper and news agencies in India .  </li></ul>
  32. 32. Press Regulations in India <ul><li>Contempt of Courts Act, 1971 </li></ul><ul><li>The Official Secrets Act, 1923 . </li></ul><ul><li>Cable Television Networks (Regulation) Act, 1995 </li></ul><ul><li>The Cinematograph Act, 1952 </li></ul><ul><li>The Copyright Act, 1957 </li></ul><ul><li>Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 </li></ul><ul><li>Drug and Magic Remedies (Objectionable Advertisement) Act, 1954 </li></ul><ul><li>Monopolies and Restrictive Trade Practices Act, 1969 </li></ul>
  33. 33. Broadcast Media ( Ministry of I&B) <ul><li>The Broadcasting Code </li></ul><ul><li>To ensure the objective presentation of news and fair and unbiased comment </li></ul><ul><li>To promote the advancement of education and culture </li></ul><ul><li>To raise and maintain high standards of decency and decorum in all programmes </li></ul><ul><li>To provide programmes for the young which, by variety and content, will inculcate the principles of good citizenship </li></ul><ul><li>To promote communal harmony, religious tolerance and international understanding </li></ul><ul><li>To treat controversial public issues in an impartial and dispassionate manner </li></ul><ul><li>To respect human rights and dignity   </li></ul>

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