JAN PRATIRODH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the vires and constitutionality of Sections 15,16 and 17 of the Indian Criminal Law Amendment Act, 1908 (Act) are challenged on the premise that the provision of Section 16 is ultra vires of the Constitution of India.

(2.) LEARNED counsels for the parties are present. Learned counsel for the petitioner Mr. Basant Kumar Choudhary, fairly, drew our attention to earlier decision of this Court, whereby, the constitutionality of the aforesaid provision is no longer res integra.

(3.) LEARNED counsel for the petitioner has, also, stated that Section 15 of the Act is a definitional provision, whereas, Section 17 of the Act prescribes the penalties. He, therefore, stated at the Bar that only Section 16 of the Act is essentially challenged to be ultra vires.