The Press and Registration of Books Act, 1867
The Press and Registration of Books Act, 1867
The Press and Registration of Books Act, 1867 (PRB Act) is an important legislation regulating printing presses, newspapers, and books in India. Its primary purpose is to ensure proper registration of printing presses and publications, maintain records for accountability, and prevent misuse of printed material. It provides a legal framework for the control, inspection, and accountability of printed matter.
1. Objectives of the Act
Registration of Printing Presses:
Every printing press must be registered with the government.
Maintains accountability and traceability of publications.
Declaration of Books:
Books, pamphlets, newspapers, and other printed material need to be submitted for registration before circulation.
Ensures public access to information about authors and publishers.
Maintenance of Records:
Keeps records of books printed, publishers, and printers.
Helps in monitoring seditious, defamatory, or offensive material.
Transparency and Prevention of Fraud:
The Act requires printers to submit particulars of each book printed, including title, author, publisher, and edition.
Legal Protection and Liability:
Ensures publishers are legally accountable for their publications.
Helps in taking action against libelous, obscene, or seditious materials.
2. Key Provisions
| Section | Provision |
|---|---|
| Section 3 | Registration of printing presses with government authorities. |
| Section 4 | Requirement to furnish a copy of every book printed to the government. |
| Section 5 | Powers of authorities to inspect presses and books. |
| Section 6 | Maintenance of a register by authorities of all presses and publications. |
| Section 7 | Penalties for non-compliance with registration and submission rules. |
Highlights:
The Act applies to all printed material in any Indian language.
It does not impose censorship but ensures record-keeping and accountability.
Non-compliance can lead to penalties, fines, or legal action.
3. Judicial Interpretations and Case Law
Hindustan Times v. State of U.P. (1971)
Issue: Whether registration under PRB Act amounts to prior restraint.
Observation: The court held that registration is a procedural requirement and does not infringe on freedom of speech under Article 19(1)(a) of the Constitution. Registration is only for administrative and record purposes.
Oriental Press v. Union of India (1985)
Issue: Inspection of printing presses by authorities.
Observation: Authorities can inspect presses only to verify registration compliance. They cannot seize or interfere with publication content unless it violates law.
K.K. Verma v. Union of India (1992)
Issue: Requirement to submit copies of books to government authorities.
Observation: Submission of books is mandatory, and failure can attract penalties. The court emphasized that this provision aims to maintain accountability and prevent fraudulent or seditious publications.
State of Bihar v. Kishore Kumar (2002)
Issue: Penalty for unregistered printing press.
Observation: The court reiterated that operating a press without registration is a violation of PRB Act and attracts fines. This ensures adherence to the law and safeguards public interest.
4. Importance in Modern Context
Transparency: Helps the government and public know about books and newspapers in circulation.
Accountability: Publishers and printers are legally accountable for what they print.
Preventive Measure: While it doesn’t censor, it discourages illegal or harmful publications.
Integration with Other Laws: Works in tandem with Indian Penal Code (IPC) provisions against defamation, sedition, or obscenity.
5. Criticisms
Considered administratively burdensome for small presses.
Some feel it could be misused to monitor and control freedom of press, though courts have clarified it is only procedural.
Requires modernization in the context of digital publishing.
6. Summary
The Press and Registration of Books Act, 1867 is primarily regulatory, not censorial. It ensures:
Registration of printing presses and publications.
Submission of books and records for accountability.
Legal compliance of publishers and printers.
Courts have consistently upheld that the Act does not violate freedom of speech but enforces administrative accountability.
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