This has started with a conversation involving two communities on face book during August 2013. The conversation took an ugly turn with some objectionable comments from both sides. After few days a gentleman from Osmanabad, Maharashtra who was not a party to the conversation took a print of some comments from my friend and filed an FIR and rest of the conversation was removed from face book on police order. Now in April 27, 2015 my friend received a summon from Osmanabad court for appearing in the court on April 9, 2015. As the summon was received late he was unable to attend the hearing. Next date of hearing is July 14, 2015. The charges slammed are 66 A, 295 A and 153 A. Now he is ready to give an unconditional apology for the same. Please advise how to get rid of this case.
You should appear before the court and apply for dispense with personal appearance in the court under section 205 crpc.
adduce print out of said conversation along with judgment of shreya singhal case, in which section 66 A became unconstitutional and null & void.
other offences are bailable so you no need to apply for bail. you shall not be arrested.
you should prepare cross case on the basis of conversation and also challenge locus standi of the person who filed case against you because he was not the party in the conversation. the person not a party in the dispute can file case only when offence is cognizable and non-bailable.
when cross case is filed then he may also be prosecuted then ultimately this case will compromised by the both parties. consult a lawyer and file case.
The purpose of the Section 153 A is to punish persons who indulge in wanton vilification or attacks upon the religion, race, place of birth, residence, language etc of any particular group or class or upon the founders and prophets of a religion. The jurisdiction of this Section is widened so as to make promotion of disharmony, enmity or feelings of hatred or ill-will between different religious, racial, language or regional groups or castes or communities punishable. Offence on moral turpitude is also covered in this section.
The offence is a cognizable offence and the punishment for the same may extend to three years, or with fine, or with both. However, the punishment of the offence committed in a place of worship is enhanced up to five years and fine.
Ingredients of Section 153A:
1. The act of promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, community or any other group.
2. Acts prejudicial to the maintenance of harmony between different groups or castes or communities, if the acts disturb public tranquility.
3. Acts causing fear or alarm or a feeling of insecurity among members of any religious, racial, language or regional group or caste or community by use of criminal force or violence against them.
The object of Section 295-A is to punish deliberate and malicious acts intended to outrage the religious feelings of any class by insulating its religion or the religious beliefs. This section only punishes an aggravated form of insult to religion when it is perpetrated with deliberate and malicious intention of outraging the religious feelings of a class.
Section 66 A became unconstitutional and null & void. Supreme Court strikes down Section 66A of IT Act which allowed arrests for objectionable content online.
So in your Check whether there is warrant is issued due to absences in last time of appearance. All the offences are bailable one so you can get bail, apply for bail.
Section 66A has been declared unconstitutional hence you need not worry about that. For the other sections, it is advisable that your friend must present himself before the court and make a statement as regards the apology if the charges filed are not framed against him. It is also advisable that since summons have been issued, arrest could also be made thus, an application seeking bail must also be filed.
1. If he gives an unconditional apology it will be an acceptance of guilt. He should not expect any leniency from the court due to an unconditional apology. The court will be at liberty to sentence him to jail even after he apologizes.
2. Your friend should engage a lawyer and seek bail, failing which he would be sent to jail.
contact a lawyer with the documents, it will be better.
