The Jammu and Kashmir Newspapers (Incitements to Offences) Act, 1914

(1) This Act may be called the Jammu and Kashmir State Newspapers (Incitements to Offences) Act, Samvat 1971.

(2) It extends to the whole of the Jammu and Kashmir State.

(1) In this Act unless there is anything repugnant in the subject or context :—

(a) "Magistrate" means a District Magistrate, Sub-Divisional Magistrate, or District and Sessions Judge ;

(b) "Newspaper" means any periodical work containing public news or comments on public news ;

(c) "Printing Press" includes all engines, machinery, types, lithographic stones, implements, utensils and other plant or materials used for the purpose of printing.

(2) Save as herein otherwise provided, all words and expressions in this Act shall have the same meanings as those respectively assigned to them in the Code of Criminal Procedure, Samvat 1989.

(1) In cases, where, upon application made by order of or under authority from the Government, a Magistrate is of opinion that a newspaper printed and published within the Province contains any incitement to murder or to any offence under the Explosive Substances Act, 1908 (VI of 1908,) or to any act of violence, such Magistrate may make a conditional order declaring the Printing Press used, or intended to be used, for the purpose of printing or publishing such newspaper, or found in or upon the premises where such newspaper is, or at the time of the printing of the matter complained of was, printed and all copies of such newspaper, wherever found, to be forfeited to the Government and shall in such order state the material facts and call on all persons concerned to appear before him, at a time and place to be fixed by the order, to show cause why the order should not be made absolute.

(2) A copy of such order shall be fixed on some conspicuous part of the premises specified in the declaration made in respect of such newspaper under section 5 of the Jammu and Kashmir State Press and Publications Act, 1989, or on any other premises in which such newspaper is printed and the affixing of such copy shall be deemed to be due service of the said order on all persons concerned.

(3) In cases of emergency or in cases where the purposes of the application might be defeated by delay, the Magistrate may, on or after the making of a conditional order under sub-section (1), make a further order ex-parte for the attachment of the printing press or other property referred to in the conditional order.

(4) If any person concerned appears and shows cause against the conditional order, the Magistrate shall take evidence, whether in support of or in opposition to such order, in manner provided in section 356 of the Code of Criminal Procedure, Samvat 1989.

(5) If the Magistrate is satisfied that the newspaper contains such incitement, he shall make the conditional order of forfeiture absolute in respect of such property as he may find to be within the terms of the said sub-section.

(6) If the Magistrate is not so satisfied, he shall set aside the conditional order of forfeiture and the order of attachment, if any.

All proceedings under this Act shall be conducted, so far as may be, in accordance with the Provisions of the Code of Criminal Procedure, Samvat 1989.

No proceedings taken under this Act shall operate to prevent any person from being prosecuted for any act which constitutes an offence under any other law.