Mon. Sep 21st, 2020

Section 285 of IPC does not criminalize burning of effigies in a political agitation

2 min read

Madras High
Court: While dealing with the issue that whether
the presence of a person and burning of an effigy in an agitation furthering a
political cause, would disentitle a person from being enrolled as an advocate,
the Division Bench of V. Ramasubramanian and K. Ravichandrabaabu JJ., held that
persons burning an effigy in a political agitation cannot be termed as
criminals within the meaning of Section 285 of IPC.

In the instant
case, the petitioner was denied enrollment as an advocate by the Bar Council of
Tamil Nadu for having a criminal background, due to a FIR lodged under Section
285 of IPC for his involvement in a political agitation, whereby the petitioner
had burnt effigies of political leaders. The case was represented by Raja
Kalifullah and S.Y. Masood for the petitioner and the respondent
respectively.   

Observing the facts of the case, the
Court stated that Section 285 of IPC, which deals with negligent handling of
fire or combustible substances, does not criminalize burning of effigies.
Furthermore the IPC does not contain any provision that criminalizes burning of
effigies. The Court cited certain historical examples like; burning the effigy
of demon king Ravan during the Ramleelas, signifying the victory of good over
evil and, the English tradition of Bonfire Night where the effigies of Catholic
dissident Guy Fawkes is burnt to mark the failure of a 17th century
political conspiracy to assassinate the king of England. The Court further
observed that since the IPC was drafted by the British, therefore burning of effigies
was never made an offence under the Code owing to their tradition of Bonfire
Night. The Court pointed out that petitioner thus cannot be stated to be a person
with criminal background and therefore is eligible to be enrolled with the Bar
Council of Tamil Nadu. [A. Santhos Yadav v. Bar Council of Tamil
Nadu, 2015 SCC OnLine Mad 3362, decided on 19.06.2015]       
Source: Legal news India

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