(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or (c) With intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community; shall be punished with imprisonment which may extend to three years, or with fine, or with both. Statements creating or promoting enmity, hatred or ill-will between classes: (2) Whoever makes, publishes, or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence under sub-section (2) committed in place of worship etc: (3) Whoever commits an offence specified in sub-section (2) in any place of worship or any assembly engaged in the performance of religious worship or religious ceremonies shall be punished with imprisonment which may extend to five years, and shall also be liable to fine.
Exception: It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid. Scope and Application: According to the Supreme Court decision in Kedarnath v. Stated each one of the constituent elements of section has reference to, and a direct effect on the security of the State or public order.
It was further held that the section are not unconstitutional being violative of the fundamental right of freedom of speech and expression guaranteed under Article 19(l)(a) of the Constitution. Ingredients of Offence: The essential ingredients of the offence under Section 505 are as follows : (1) The accused made, published or circulated any statement rumour or report; (2) He did so- (i) With intent to cause was which he knew it likely to cause any officer, soldier sailor or airman to mutiny or otherwise disregarded or failed in his duties; (ii) With intent to cause or which he knew it likely to cause fear or alarm to the public thereby inducing any person to commit an offence against the State or public tranquillity; (iii) With intent to incite or which he knew it likely to incite any class or community to commit any offence against any other class or community.