Section 108 provides that if an Executive Magistrate receives information that there is, within his local jurisdiction, any person who—
(i) Either orally or in writing or in any other manner, intentionally disseminates, or attempts to disseminate, or abets the dissemination of,—
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(a) Any matter the publication of which is punishable under S. 124A or S. 153A or S. 153B or S. 295A of the Indian Penal Code, 1860, or
(b) Any matter concerning a Judge acting or purporting to act in the discharge of his official duties, which amounts to criminal intimidation or defamation under the Indian Penal Code, 1860; or
(ii) Makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in S. 292 of the Indian Penal Code, 1860,—
The Magistrate may, if he is of the opinion that there is sufficient ground to do so, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period as the Magistrate thinks fit, not however, exceeding a period of one year.
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However, no proceeding under this section can be taken against the editor, proprietor, printer or publisher of any publication which is printed and published in conformity with the rules laid down in the Press and Registration of Books Act, 1867, except under an order of the State Government.
The Bombay High Court has held that the mere writing of seditious matter is not a sufficient ground for proceeding against the author under S. 108, unless it is shown that he was connected with the publication or subsequent dissemination thereof. However, a publisher would be liable under this section, because he must be presumed to have knowledge of the contents of the matter, and therefore, it can be said that he disseminated, or at least abetted the dissemination of, the matter within- the meaning of the section. (Pitre,—47 Bom. 438)
