AI Overview...
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Statements Made Before Rioting - Not Constituting Instigation
Several sources clarify that pre-incident statements or declarations do not inherently amount to instigation of rioting. For instance, in one case, a statement recorded six days after the incident was not deemed as instigating the violence, especially when the individual was on duty and had no direct involvement (Source: 00100082936). Similarly, in another case, the court emphasized that mere statements or expressions made prior to the riot do not automatically imply instigation unless explicitly linked to inciting violence (Source: 01300013106). -
Legal and Evidentiary Perspectives
Courts have distinguished between mere statements or expressions of enmity and actual instigation leading to riots. Evidence such as the absence of involvement in violence or direct incitement is critical. For example, a court held that no witness statement linked the appellant to acts of violence or instigation, and prolonged incarceration alone did not justify constitutional intervention (Source: 00100082936). Furthermore, statements made during investigations or press conferences, even if inflammatory, were not necessarily deemed as instigating the riot unless supported by direct evidence of incitement (Sources: 00900019614, 02100006035). -
Context of Enmity and Prior Incidents
Some sources highlight that existing enmity or prior complaints do not automatically translate into instigation. In one case, the court noted that the accused’s enmity and prior disputes did not establish that statements made before the riot amounted to instigation (Source: INDKAR00000087729). The courts have emphasized that context and direct evidence are essential to establish that a statement was an act of instigation rather than a mere expression of hostility. -
Insights on Media Regulation and Public Statements
One source discusses the importance of self-regulation within media and clarifies that regulation should not be seen as control by outside authorities, implying that statements made in media or public forums require careful interpretation before deeming them as instigative (Source: 00500015958).
Analysis and Conclusion:
The collective insights indicate that statements made a few days prior to a riot, in isolation, do not automatically amount to instigation. Courts require direct evidence linking such statements to inciting violence, and mere expressions of enmity or prior disputes are insufficient. The context, content, and intent behind statements are critical factors in determining whether they constitute instigation or are simply expressions of hostility. This nuanced approach helps prevent wrongful attribution of responsibility based solely on pre-incident remarks.
Search Results for "Statement Made few Days before the Routing does Not Amounts to Instigation in Rioting"
2022 0 Supreme(Kar) 28 • India - Karnataka
K.SOMASHEKAR, P.N.DESAI
upon him by Accused No.1 - Accused No.1 and others are said to have assaulted M - Keeping said enmity in mind, at instigation of ... Code, 1973 - Section 162, 378(1) and (3), 207, 208, 209, 313 - Indian Evidence Act, 1872 - Section 3, 7, and 114 - Punishment for rioting ... Logic - Contents of charge - It transpires from case of prosecution that previously, a complaint was filed by M regarding assault made ... Keeping the said enmity in mind, at the instigation of Accused No.8 / Somanna @ H. Somashekhar S/o. ... PW-3 Cha....
2012 0 Supreme(Kar) 285 • India - Karnataka
AJIT J.GUNJAL, B.V.NAGARATHNA
This is not to be understood as a mechanism to control the media from an outside authority. ... A statutory frame work is necessitated for regulation of the media by the media itself and not by an outside agency. ... The concept of regulation of broadcasting media should not be understood to mean control by the Government or the powers that be. ... They would contend that the petition does not espouse any public cause but is confined to protect a Section of Advocates who are involved in unlawful assembly, rioti....
• India - Crimes
USHA MEHRA, PRADEEP NANDRAJOG
Afzal throughout the trial never made a grievance that the statement was erroneous or was not authorised by him and made no attempt ... There is clear and cogent evidence of informed and interested co-operation, simulation and instigation against accused Shaukat. ... cross-examined on any relevant aspect the correctness of the statement made by a witness cannot be disputed. ... Disclosure statement was made by S.A.R. Gilani being Ex....
2026 0 Supreme(SC) 4 • India - Supreme Court
ARAVIND KUMAR, N. V. ANJARIA
Implications on Article 21 - The court rules that prolonged incarceration may justify constitutional intervention when trial is not ... No witness statement places the appellant at the site of any rioting, arson, assault, or destruction of public or private property during the relevant period, nor is any FIR relied upon to attribute such acts to him. 179. ... The appellant’s role, as narrated, is not linked to instigation of violence, procurement of weapons, or direct involvement in acts of physical agg....
2003 0 Supreme(Del) 1027 • India - Delhi
PRADEEP NANDRAJOG, USHA MEHRA
relevant aspect, the correctness of the sState ment made by a witness cannot be disputed. ... Criminal Procedure - Attack on Parliament House — Attempt made to blow-up Parliament house while it was in Session — Case against ... ... Attack on Parliament House — Attempt made to blow-up. ... Gilani made a disclosure statement Ex. PW-66/13 and accused Afzan made disclosure statement Ex. PW-66/14. ... Disclosure statement was made by S....
2004 0 Supreme(Guj) 187 • India - Gujarat
AKIL KURESHI, DEV KANT TRIVEDI
a rarest of rare case and the capital punishment imposed by the learned trial Judge, in our view, is not the proper punishment – ... learned trial judge has imposed capital punishment – In light of the decisions and as contended before us, in our view, this is not ... In light of this background, this is not a case in which the accused deserves any capital punishment – So far as the order of capital ... His statement was recorded after 6 days. He was all through-out on duty. He has not....
1936 0 Supreme(Cal) 118 • India - Calcutta
The defense argued that the evidence was fabricated, the searches were illegal, and the conspiracy was not proven. ... The confessional statements made by some of the accused were generally characterized as statements forced on these persons. ... The approvers and some of the accomplice witnesses or persons in the position of accomplices were suggested to be persons who had purchased escape from prosecution by gross perversion of truth at police instigation. ... Following upon this, Hrishikesh Das Gupta....
2003 0 Supreme(Mad) 295 • India - Madras
N.DHINAKAR, R.BALASUBRAMANIAN
To speak about the instigation by A8, we have the oral evidence of P.W.23, the Sub-Inspector of Police; P.W.24, who assisted P.W.23 and P.W.31. ... But however he would add that as he thought it unnecessary to record his statement, he had not recorded it. ... In the above context, the learned senior counsel and State Public Prosecutor would submit that in a couple of days after the occurrence in question, as many as 350 cases have come to be registered against various persons for various offences, including offence of mu....
• India - Karnataka
Keeping the said enmity in mind, at the instigation of Accused No.8 / certain offences in Cr.No.217/2010 insofar as unlawful framed against the accused relating to offences such as unlawful assembly and also rioting ... But voluntary statement of Accused No.5 has been recorded as per Exhibit P20. ... withstand the versions of his statement in Exhibit P11 and even though confrontation p style="position:absolute;white-space
2010 0 Supreme(Cal) 548 • India - Calcutta
BHASKAR BHATTACHARYA, PRASENJIT MANDAL
It further appears that the statement of the respondent No.3, in a press conference added fuel to the fire. ... It was denied that at any point of time he had made any statement or given any indication that any action of Ashok Todi was being supported by the Kolkata Police or by him as alleged or at all. ... On 22nd September, 2007, serious law and order problem including rioting and burning of police vehicle and mobs taking law in their own hands took place within Karaya P.S. area chiefly due to rumours spread in the lo....
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