PRABIR PURKAYASTHA VS STATE (NCT OF DELHI)
2024 INSC 414
Case Summary
[Promoting Enmity]
[Criminal Defamation]
[Public Mischief]
[Freedom of Speech]
FACTS
In Prabir Purkayastha vs State (NCT of Delhi) (Crl.A. No. 2577/2024), the appellant Prabir Purkayastha, a prominent journalist, challenged his conviction under the Indian Penal Code (IPC) for charges related to promoting enmity between different groups, defamation, and spreading false information. The case arose from certain articles and social media posts allegedly made by him, which were deemed to have incited communal tensions.
LEGALPROVISIONS
The case involves provisions of the Indian Penal Code (IPC), particularly Section 153A (promoting enmity between different groups), Section 499 (defamation), and Section 505 (statements conducing to public mischief). These sections relate to offenses related to promoting hatred, defamation, and public mischief.
ISSUES
The key issue is whether the appellant’s actions fall within the ambit of Sections 153A, 499, and 505 of the IPC, and whether his freedom of speech was unjustifiably curtailed by the conviction. The case also raises questions about the boundaries of press freedom and the responsibility of media personnel in reporting sensitive issues without inciting hatred or violence.
JUDGMENT
The court will assess whether the appellant's statements and publications were likely to cause disharmony or public mischief, and whether they can be considered defamatory under the provisions of the IPC. The final judgment will address whether the appellant's conviction is justified or if it infringes upon constitutional freedoms such as the right to free speech and expression.
BY VIKAS MEENA
2ND YEAR UFYLC,
RAJASTHAN UNIVERSITY
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