Section 5:
Dissemination of contents of prescribed document.
(1) Whoever publishes, circulates or
repeats in public any passage from a newspaper, book or other document copies whereof have been
declared to be forfeited to Government under any law for the time being in force, shall be punished
with imprisonment for a term which may extend to six months, or with fine, or with both.
(2) No Court shall take cognizance of an offence punishable under this section unless the State
Government has certified that the passage published, circulated or repeated contains, in the
opinion of the State Government, seditious or other matter of the nature referred to in
1
sub-section (1) of section 99A of the Code of Criminal Procedure, 1898 (5 of 1898), or
sub-section (1) of section 4 of the Indian Press (Emergency Powers) Act, 1931 (23 of 1931). STATE AMENDMENT
Maharashtra.--
Amendment of section 5 of Act XXIII of 1932.--In the Criminal Law Amendment Act,
1932, in its application to the pre-Reorganisation State of Bombay excluding the transferred
territories, and the Kutch area an the Vidarbha region of the Bombay State (hereinafter referred
to as "the principal Act of 1932") in section 5, in sub-section (2), the words, brackets and figures
"or sub-section (1) of section 4 of the Indian Press (Emergency Powers) Act, 1931 (XXII of
1931)" shall be deleted.
[Vide Bombay Act XXIV of 1959, s. 5]
Notes:
1. Now see sub-section (1) of section 95 of the Code of Criminal Procedure, 1973 (2 of 1974).