(1) No person shall, without lawful authority or excuse,—
(a) do any subversive act ; or
(b) make, print, publish or distribute any document containing, or spread by any other means whatsoever, any prejudicial report.
(2) The author, editor, printer and publisher of, and any person who otherwise makes or produces any prejudicial report, and any person who distributes or sells any report of that nature, knowing it to be of such nature, shall be deemed to have contravened this section.
(3) If any person contravenes any of the provisions of this section, he shall be punishable with imprisonment for a term which may extend to five years or with fine or with both :
Provided that in any proceedings arising out of a contravention of this section,—
(a) in relation to the making or printing of any document, it shall be a defence for -the accused to prove that the said document was made or printed, as the case may be,—
(i) before the Bengal Special Powers Ordinance, 1946, came into force, or
(ii) with the permission or under the authority of the State Government, or
(iii) as a proof intended for submission to the State Government or to a person or authority designated by the State Government in this behalf with a view to obtaining permission for its publication;
(b) in relation to the publication of any document it shall be a defence for the accused to prove that the said document was published—
(i) before the Bengal Special Powers Ordinance, 1946, came into force, or
(ii) with the permission or under the authority of the State Government.
Prohibition of subversive acts, publications and cornmunications.
8 The West Bengal Security Act, 19O.
Proscription, eto., of certain documents.
[West Ben. Act (Chapter 111.—Prerention, of subversive acts.— Sections 12, 13.)