The use of a radio set without a license is an offence under Section 20 of the Indian Telegraph Act, 1885.

Judgment

SUBBA RAO, J. : This appeal by special leave against the, judgment and order of the High Court at Patna raises the question, whether - to use neutral terms - the keeping or using of a radio set by a person without a licence would be an offence under S. 20 of the Indian Telegraph Act, 1885 (13 of 1885), hereinafter called the Act.

2. The respondent is a businessman, having a shop in the city of Patna. In November 1955 an inspector of Wireless Telegraph visited his shop and found a radio set being played therein. As he was using the radio without a licence he was prosecuted under Ss. 3 and 6 of the Indian Wireless Telegraphy Act, 1933 (17 of 1933) and S. 20 of the Act. The Judicial Magistrate, Patna City, convicted the respondent under the said sections and sentenced him only under S. 20 of the Act to pay a fine of Rs. 200 and in default to undergo simple imprisonment for three months. On appeal the learned Sessions Judge, Patna confirmed both the conviction and sentence on revision, the High Court at Patna set aside the conviction and sentence under S. 20 of the Act, but confirmed the conviction under Ss. 3 and 6 of the Indian Wireless Telegraphy Act, 1933 and sentenced him to pay a fine of Rs. 100 and in default to undergo simple imprisonment for one month. The State of Bihar has preferred the present appeal against the order of acquittal made by the High Court under S. 20 of the Act

3. The High Court set aside the conviction under 5. 20 of the Act on the ground that the use of a Wireless receiving set without a licence would not be an offence under the said section having regard to the provisions of S. 4 of the Act. Mr. Varma, learned Counsel for the state, canvasses the correctness of that decision.

4. It would be convenient at the outset to read the relevant provisions of the Act as they stood before amendment by Act 15 of 1961.

"section 3. (1) "Telegraph" means an electric, galvanic or magnetic telegraph, and includes appliances and apparatus for making, transmitting or receiving telegraphic telephonic or other communication by means of electricity, galvanism or magnetism.

Section 4. (1) Within India the Central Government shall have the exclusive privilege of establishing, maintaining and working telegraphs :

Provided that the Central Government may grant a licence, on such conditions and in consideration of such payments as it thinks fit, to any Person to establish, maintain or work a telegraph within any part of India.

Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working

(1) of wireless telegraph on ships within Indian territorial waters and on air-crafts within or above India, or Indian territorial waters, and

(b) of telegraphs other than wireless telegraphs within any part of India.

Section 20. (1) If any person establishes, maintains or works a telegraph within India in contravention of the provision of section 4 or otherwise than as permitted by rules made under that section, he shall be punished, if the telegraph is a wireless telegraph, with imprisonment which may extend to three years, or with fine, or with both, and, in any other case, with a fine which may extend to one thousand rupees." Under the said sections, if a person establishes, maintains or works a telegraph without a licence in contravention of the provisions of S. 4, he would be committing an offence punishable thereunder. The first question is whether a radio receiving set is a "telegraph" within the meaning of the definition given in the Act. This Court had an occasion to consider the score of the said definition in the context of a Post and Telegraph Wireless Station, which was receiving communications from different cities of the country, in Senior Electric Inspector v. Laxminarayan Chopra AIR 1962 SC 159 at p. 161. After quoting the provisions of S. 3 (1) of the Act, this