Kerala Government has issued an ordinance amending the Police Act whereby any act of threatening, abusing, humiliating or defaming any person is made punishable. However there is no specific definition of these words chosen from moral vocabulary. Therefore the concerned police officer will be free to define these words and make arrests as per his or her whim and fancy.
Full Text of Ordinance
ORDINANCE No. 79 OF 2020
THE KERALA POLICE (AMENDMENT) ORDINANCE, 2020
Promulgated by the Governor of Kerala in the Seventy-first Year of the Republic of India.
further to amend the Kerala Police Act. 2011.
Preamble.-WHEREAS, it is expedient further to amend the Kerala Police Act, 2011 (8 of 2011) for the purposes hereinafter appearing:
AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following
1. Short title and commencement-(1) This Ordinance may be called the Kerala Police (Amendment) Ordinance, 2020.
(2) It shall come into force at once.
2. Act 8 of 2011 to be temporarily amended.-During the period of operation of this Ordinance, the Kerala Police Act, 2011 8 of 2011) (hereinafter referred to as the principal Act) shall have effect subject to the amendments specified in sections 3 and 4.
3. Amendment of section 118-In the principal Act, after section 118, the following section shall be inserted, namely:-
118 A. Punishment for making. expressing. publishing or disseminating any matter
which is threatening, abusive, humiliating or defamatory- Whoever makes, expresses, publishes or disseminates through any kind of mode of communication, any matter or subject for threatening, abusing, humiliating or defaming a person or class of persons, knowing it to be false and that causes injury to the mind, reputation or property of such person or class of persons or
any other person in whom they have interest shall on conviction, be punished with imprisonment
for a term which may extend to three years or with fine which may extend to ten thousand rupees
or with both.”
4. Amendment of section 125. -In sub-section (1) of section 125 of the principal Act, after the figures and symbol “118,” the figures, letter and symbol “118A,” shall be inserted.
ARIF MOHA MMED KHAN,