jury, and has rendered the party not only liable to a private suit, but answerable by indictment as guilty of an offence tending directly to a breach of the peace. The English common-law doctrine of libel is the common-law doctrine in America in all cases in which it has not been expressly controlled by constitutional or legislative provisions. K. A. L., 10th edit., 631-642. The prosecution is not bound to prove that the imputation was made in bad faith, but it rests with the accused to show that his statement was made with due care and attention and caution. Queen vs. Ramnarain Bose (4 W. R. C. R., p. 22). If the accused relies upon any one or more of the exceptions to prove that he is not guilty of the offence charged against him, he must prove the facts which indicate that his act comes within the provisions of some of the exceptions. [Uncog. Bailable.] Warrant.] Printing or engra be defamatory. *501. Whoever prints or engraves any matter, knowing or having good reason to believe (25) that ving matter known to such matter is defamatory (499) of any person (11), shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. Ct. of S. or M. of First Class.) engraved substance [Uncog. Bailable.] [Warrant.] *502. Whoever sells or offers for sale any printed or Sale of printed or engraved substance containing defamatory containing defamatory (499) matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend matter. to two years, or with fine, or with both. CHAPTER XXII. OF CRIMINAL INTIMIDATION, INSULT, AND ANNOYANCE. Section 5, Act VI of 1864 provides for the whipping of juvenile (Section 83, P. C.) offenders convicted of offences specified in the sections marked in the chapter. Juveniles may be punished with whipping only in lieu of any other punishment, but whipping may be inflicted for first or any other offence, and is to be administered in the way of school discipline, with a light rattan. (Para. 6, Circular No. 8, dated 8th April, 1864). No female, nor any person sentenced to death or transportation, or penal servitude or imprisonment for more than five years, shall be whipped. (Section 7, Act VI of 1864). 503. Criminal intimida tion. Whoever threatens another with any injury (44) to his person, reputation, or property, or to the person or reputation of any one in whom that person is interested, with intent. to cause alarm to that person, or to cause that person to do any act (33) which he is not legally bound to do (43), or to omit (33) to do any act which that person is legally entitled to do as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation. A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration. A, for the purpose of inducing B to desist from the prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation. If a threat is very trivial in its nature it might come within the provisions of Section 95 ante. Person (persona, Lat.), the individuality of a human being; individual character or station; bodily form or substance. Persons are divided into: (1) Natural, such as God formed them; and (2) Artificial, such as are created and devised by human laws for purposes of society and Government, which are called corporations or bodies politic. W. L. L., p. 714. Reputation, credit, honor, character, good name. W. L. L., p. 827. Property, the highest right a man can have to anything, being used for that right which one has to lands or tenements, goods or chattels, or which does not depend on another's courtesy. Property is of three sorts absolute, qualified, and possessory. See Section 22 of this Code, and notes thereunder. Threatens to injure.-Where the accused went to the Complainant, the brother of an adult woman, and told him that he had come from the Sirkar and would get him six month's imprisoment if he (the Com plainant) did not let his sister go. Held that these words did not constitute either criminal intimidation, within the meaning of this section (there having been no threat of an injury in the sense of the Code) or any other offence known to the law. R. vs. Moroba Bha Tharji. 8 Bo. H. C. R. 101. [Uncog. Bailable.] Warrant. a breach of the peace. Any Mag. *504. Whoever intentionally insults, and thereby gives Intentional insult provocation to any person (11), intending with intent to provoke or knowing it to be likely that such provocation will cause him to break the public peace (159), or to commit any other offence (40), shall be punished with imprisonment of either description (53) for a term which may extend to two years, or with fine, or with both. With reference to what constitutes an insult under the Penal Code, the framers of the Code remarked that it depended on the calm, dispassionate opinion of the Judge, whether the act complained of, from its nature, and attendant circumstances, was calculated to insult, and was done with intent to insult, the complainant, and that it did not depend on the sensitive feelings of the complainant. The provisions of this section include. insolence by a servant towards his master. [M. of First or Second Class.] * Circulating false report with intent to cause mutiny or an offence against the state, &c. 505. Whoever circulates or publishes any statement, rumour, or report which he knows to be false, with intent to cause any officer, soldier, or sailor in the Army or Navy of the Queen (13) to mutiny (Chapter VII), or with intent to cause fear or alarm to the public (12), and thereby to induce any person to commit an offence against the State, (Chapter VI), or against the public tranquillity, Chapter VI) shall be punished with imprisonment of either description (53) for a term which may extend to two years, or with fine, or with both. Knows to be false.-From the wording of this section it appears that if the statement circulated or published be true, whatever be the intent of the publisher or circulator, and whatever the result of the publication or circulation, no offence has been committed under this section, the one requisite and chief point of proof being knowledge that the statement was false. (M. of (Uncog. Bailable.] Warrant.] Second Clairs or *506. Punishment for cri- dation (503) shall be punished with imprisonment of either description (53) for a term which may extend to two years, or Whoever commits the offence of criminal intimi minal intimidation. with fine, or with both; and if the threat be to cause death Ct, of S. or M. of First Class.] [Uncog. Bailable.] (46) or grievous hurt (320), or to cause the destruction of death or hurt, &c. If threat be to cause any property by fire, or to cause an offence grevious punishable by death or transportation, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. It was held that if the person at one time criminally intimidates three different persons, and each of these persons bring a separate charge against him, the accused may be convicted for an offence as against each person, and be punished separately for each offence. 9 W. R., p. 3o, in re Goolzae Khan. [Uncog. Bailable.] Warrant.] * Criminal communicatlon. [Ct. of S. or M. of First Class. 507. Whoever commits the offence of criminal intimiintimida- dation (503) by an anonymous communication by an anomymous tion, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description (53) for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section. A writes an anonymous letter threatening B, and sends the letter to C, living with B, expecting and believing C would show the letter to B. is guilty under this section. [Uncog. Bailable.] [Warrant.] *508. Act caused by inducing a person to believe ed an object of the Divine displeasure. that he will be render Whoever voluntarily (39) causes or attempts to cause any person to do (33) anything which that person (11) is not legally bound to do (43), or to omit (33) to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure, if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description (53) for a term which may extend to one year, or with fine, or with both. Illustrations. (a). A sits dhurna at Z's door, with the intention of causing it to be believed that by so sitting he renders Z an object of Divine displeasure. A has committed the offence defined in this section. (b). A threatens Z that, unless Z performs a certain act, A will kill one of A's own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section. [M. of First Class.) 509. Word or gesture in tended to insult the modesty of a woman. [Uncog. Bailable.] [Warrant.] Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. [Any Mag.] [Uncog. Bailable.] [Warrant.] 510. Whoever, in a state of intoxication, appears in Misconduct in public any public place, or in any place which it by a drunken person. is a trespass in him to enter, and there |