Model Answer On IPC (Section 153A IPC) - Rahul's IAS - The Official Blog

3/30/2021 Model Answer on IPC (Section 153A IPC) – Rahul's IAS – The Official Blog
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November 14, 2016  Model Answer
Series / Uncategorized Search … 
Model Answer
on IPC (Section From Rahul’s
IAS Legal
153A IPC) Research
Team.
Posted by Bharat Chugh
Stay tuned for the
latest in
legislative
https://rahulsiasblog.com/2016/11/14/model-answer-on-ipc-section-153a-ipc/ 1/13
Dear Students, this is first in updates, Op-eds

the series of Model Answers by RahulsIAS
that we’ll try and share with team, Guest
your through this posts by legal

experts on
platform. Try to analyse the
contemporary
method with which the legal
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issues are to be analysed and
vexed questions
conclusions drawn. It be
of law, latest case
noted that, more than the
law, model
end result/answer to the
answers and
question, it is the thinking Interviews.
process that is
important. This is what the
answer attempts to Blog Stats
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questions can be decided
either way, and there is no
straight right or wrong Follow Rahul's IAS - Th
answer. What matters is, the

ability to give rational, legally
Follow me on
(and common sensically)
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sound reasons and legal
justification for the Tweets by @RahulsIAS
conclusions reached.
Rahul's IAS
@RahulsIAS
Question : Wishing a very very happy
Holi to all of you. God bless
you all. Love you
‘X’ times, a leading English daily, all.#HappyHoli #Holi2021
#Festival #Celebration
prints an article aimed at #Colours #FeativalofColors
creating hatred and enmity

between two groups of people i.e
a capitalist and the labour class.

The article read : “B and the Chief Mar 28, 2021
Minister of the State who were

Rahul's IAS
good friends have conspired @RahulsIAS
together and acquired 100 It is a day when the world

comes together to appreciate
hectares of fertile land belonging womanhood and their
importance in society. The
to the local farmers for special day also celebrates the socio,
economist and political
economic zone. To persuade and achievements of women. -
coerce the farmers not to #InternationWomensDay
challenge the acquisition ‘B’ got #WomensDay2021 #Women

#RahulsIAS
burnt the houses of farmers and #RahulsIASOnlineClasses
their standing crops through his #WD2021 #Womens
henchmen. The promises of ‘B’

that he will employ the local
youth is also false as ‘B’ is
getting youth trained from the
constituency of the Chief
Minister who would be employed
in various Industries to come up Mar 7, 2021
in the SEZ area”. Rahul's IAS

@RahulsIAS
Can the reporter, editor, printer In contemporary times, it is

necessary and need of the
and published of ‘X Times’ be hour to develop a robust
infrastructure related to cyber
charged for offence under security so that vital statistics
and information is being
Section 153A IPC. Give reasons. prevented from reaching in
the hands of hackers -
#NATIONALSECURITYDAY2
Answer : 021 #SecurityDay2021
#RahulsIAS
The factual position being

admitted, let us straight away cut
to the chase, and examine
whether a case under section
153A IPC is made out or not. The

outcome will depend on the
answer to the following questions Mar 3, 2021
: Rahul's IAS
@RahulsIAS
Whether the impugned article The festival of Lohri gives

strength and resolve to bring
has the effect of promoting happiness in the life by hard
work and dedication. It gives
enmity between different us a belief that warmth brings
happiness and life has
groups on the grounds of greatness despite all
religion, race, place of birth, odds.#HappyLohri
#RahulsIAS #Celebrations
residence, language, caste, #Festival #Lohri2021
community or any other

ground ? ; and
Whether this act is prejudicial
to the maintenance of
harmony between different
groups or castes or
communities if the acts disturb Jan 12, 2021
the public tranquility ?;

Rahul's IAS
@RahulsIAS
In the factual matrix, both the This day was chosen to

honour the birthday of Swami
issues are decided in favour of the Vivekananda, one of India’s
accused and no offence is made

greatest spiritual and social
leaders. He saw hope for the
out, for the following reasons :- future in every child and
believed that with “muscles of
iron and nerves of steel“ they
1. Section 153A IPC was enacted could bring about social

change-
to check communal and #NationalYouthDay2021
fissiparous tendencies.
Therefore, the ‘intention to
promote feelings of enmity
and hatred’ is conditio sine qua
non for liability u/s 153A IPC.
There is nothing on record to

prove requisite mens rea on the Jan 11, 2021
part of the functionaries of ‘X

Embed View on Twitter
Times’. The article, though
strongly worded appears to be
a legitimate journalistic
exercise, compatible with the
constitutional right and
freedom of press. ‘B’ if
aggrieved by these
imputations, and if they are
infact found to be scurrilous or
defamatory, has to have his
remedy elsewhere.
2. Secondly, the section is
intended to apply with respect
to a definite and ascertainable
class of people. The class
contemplated under the
section should be capable of
being clearly defined and
separable. Seen in this light,
‘capitalists’ or ‘labour class’ do
not constitute classes or
communities within the
meaning of this Section. These
words lack the certainty
required and overlapping inter-
se these categories cannot be
ruled out. (Reference in this
regard may be had to the
judgment in Maniben Kara,

(1932) 34 Nom LT 1642).
Therefore, the impugned
article of the accused persons
cannot be said to promote
enmity or disharmony
amongst two
groups/communities/classes
as such.
3. Furthermore, in order to
attract liability under this
section, the article has to be
read as a whole, and stray
extracts, which might be
strongly worded, cannot be
read shorn out of context. The
prosecution has not led in
evidence the entire text of the
article; In absence of such
evidence, it is hard to ascribe
the requisite intention to the
accused persons. The court has
to be particularly mindful in
cases like the present one,
where attribution of liability
can have grave ramifications
for the constitutionally
guaranteed freedom of speech
and expression, which also has
implicit within it, the
concomitant citizen’s right to

information.
4. Furthermore, the effect of the
words must be judged from
the standards of reasonable,
strong-minded, firm and
courageous men and not those
of weak and vacillating minds.
So read, it cannot be said, by
any stretch of imagination,
that the contents of the article
have the potentiality of leading
to violence, enmity or hatred
amongst reasonable men
belonging to either group.
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9 comments
shiv gaur says:

November 15, 2016 at 3:45
am
Very helpful nd good sir thanks
 Like
Reply
Shaheen parveen
says:
January 9, 2017 at 2:48 pm
Respected sir, Thank you so

much .
 Like
Reply
Joginder singh says:

March 22, 2017 at 3:06 pm
Very innovative answer
 Like
Reply
Savita Tanwar says:

July 24, 2017 at 2:52 pm
Thanks sir
 Like
Reply
Savita Tanwar says:

July 24, 2017 at 2:53 pm
Thanks…sir
 Like
Reply
dullbexam2017 says:
April 30, 2018 at 4:22 pm
Reblogged this on du llb.
 Like
Reply
Sarabjeet says:
August 13, 2018 at 9:14 am
Hello sir,as i am pursuing BALLB and

i am in 4 th year so when can i start
to prepare for judiciary and when i
can join the classes?
 Like
Reply
Sarabjeet says:
August 13, 2018 at 9:15 am
Hello sir,as i am pursuing BALLB and

i am in 5th ( 9th sem ) year so when
can i start to prepare for judiciary
and when i can join the classes?
 Like
Reply
law says:
January 2, 2021 at 3:40 pm
Very helpful sir
 Like
Reply
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3/30/2021 Model Answer on IPC (Section 153A IPC) – Rahul's IAS – The Official Blog

Rahul's IAS – The Official

Dear Students, this is first in updates, Op-eds

that we’ll try and share with team, Guest

your through this posts by legal

answer. What matters is, the

creating hatred and enmity

a capitalist and the labour class.

Minister of the State who were

together and acquired 100 It is a day when the world

challenge the acquisition ‘B’ got #WomensDay2021 #Women

their standing crops through his #WD2021 #Womens

henchmen. The promises of ‘B’

in the SEZ area”. Rahul's IAS

Can the reporter, editor, printer In contemporary times, it is

The factual position being

153A IPC is made out or not. The

Whether the impugned article The festival of Lohri gives

community or any other

the public tranquility ?;

In the factual matrix, both the This day was chosen to

accused and no offence is made

1. Section 153A IPC was enacted could bring about social

There is nothing on record to

part of the functionaries of ‘X

judgment in Maniben Kara,

concomitant citizen’s right to

7 bloggers like this.

djs model answer

djs previous year paper model answer

judicial services exam model answer

model answer judicial services exam

model question and answers

sample answer mains judicial exam

section 153A IPC model answer

« Previous Post Next Post »

shiv gaur says:

Very helpful nd good sir thanks

Respected sir, Thank you so

Joginder singh says:

Very innovative answer

Savita Tanwar says:

Savita Tanwar says:

Reblogged this on du llb.

Hello sir,as i am pursuing BALLB and

Hello sir,as i am pursuing BALLB and

Very helpful sir

Enter your comment here...

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action for Evidence Law Join 14,095 other

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