Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2007

Supreme Court of India · 2007-05-02

Sri Baragur Ramachandrappa & Ors vs State Of Karnataka & Ors

Citation / case number
2007 AIR SCW 2829
Court
Supreme Court of India
Petitioner
Sri Baragur Ramachandrappa & Ors
Respondent
State Of Karnataka & Ors
Author
Harjit Singh Bedi
Bench
B.P. Singh, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's dismissal of a petition under Section 96 of the Code of Criminal Procedure challenging the forfeiture of the novel 'Dharmakaarana' under Section 95. The Court ruled that the State Government's action was justified as the book contained objectionable material that could incite enmity among different classes, referencing Sections 124-A, 153-A, 153-B, 292, 293, and 295-A of the Indian Penal Code. The Court emphasized that the burden of proof lay on the petitioner to demonstrate that the publication did not meet the criteria for forfeiture under Section 95, affirming the constitutionality of the restrictions under Article 19(1)(a).

Sri Baragur Ramachandrappa & Ors vs State Of Karnataka & Ors · Niyam