Of course, TMC’s Rajya Sabha MP Derek O’Brien may be calling it political vendetta, but according to the law, it is a big crime. Not only the PM, if such a tweet is made for a common citizen as well, then it comes under the category of crime, but when it comes to the PM, the matter becomes more serious.
TMC’s national spokesperson Saket Gokhale has been arrested by the Gujarat Police.
A tweet was made on Twitter about PM Modi and Morbi incident TMC national spokesperson of Saket Gokhale became a problem. Gujarat Police has arrested him from Jaipur. Saket Gokhale did this tweet after the Morbi incident, in which he shared a report claiming that Rs 30 crore was spent on PM Modi’s visit to Morbi.
Of course, TMC’s Rajya Sabha MP Derek O’Brien may be calling it political vendetta, but according to the law, it is a big crime. Not only the PM, if such a tweet is made for a common citizen as well, then it comes under the category of crime, but when it comes to the PM, the matter becomes more serious.
what does the law say
Many times people post such posts on social media which harms someone’s image, be it a common man, a celebrity, a big personality, a businessman, a leader or a person sitting on a constitutional post. Spreading misleading rumors about anyone is a crime under the law. All these can file a defamation case against the person who posted it. If it is about the PM, then the Prime Minister himself will not file a case against anyone. That is why due to the PM being a national servant, anyone can file a case against the person who posted the misleading post. Taking cognizance of this, the police officers themselves can get the concerned person arrested. There are separate sections for this as well.
Under Section 505, there can be a punishment of three years
Section 505 is imposed to spread rumors about anyone on social media. This section is imposed for hurting the sentiments of any religion-caste, for inciting riots, for hurting the sentiments of a particular person or the people associated with him. Especially at the time of elections, there is a pattern of spreading rumors about the leaders. Photoshop photos or other such allegations are made which are not true in reality, this section is also invoked in these cases. In particular, inappropriate comments made on social media about a person holding a constitutional post, officer or jawan of the Indian Army, police officer or other legal person also come under this law. According to the law website lawrato, if the charge is proved, there can be a sentence of up to 3 years or a fine or both. This is a non bailable offence.
2 years jail for defamation
Intentionally spreading such a thing against a person, which hurts his honor, then it will be considered an offense under section 499. Apart from this, if any such thing hurts any other person or hurts his social reputation, then it will come under defamation. Such a person can be punished under section 499 with imprisonment of either description for a term which may extend to two years, or with fine, or with both. If it is about the Prime Minister, then this law becomes more serious.
IT Act also sentenced to three years
If the crime of defamation or spreading rumors has been committed on social media, then along with these two sections, Section 67 of the IT Act will also be imposed on the accused. Under this section, if a person posts any objectionable post on social media, which spreads hatred or rumours, damages someone’s image, then he will be considered guilty of the IT Act, for the first time doing so under this law, three years Punishment and a fine of up to five lakh rupees, for doing this for the second time, a sentence of up to 5 years and a fine of up to 10 lakh rupees can be imposed.
What was tweeted by Saket Gokhale
TMC’s national spokesperson Saket Gokhale had tweeted about PM Modi’s visit after the bridge accident in Morbi. He had shared a report claiming that Rs 5.5 crore was spent on PM Modi’s visit to Morbi in the name of his reception, photography and event. He also alleged that more money was spent on PM Modi’s visit than the compensation given to the families of those killed in the accident.
PIB Fact Check rejected the claim
PIV’s Fact Check team had rejected this tweet of TMC’s national spokesperson Saket Gokhale. It was said on behalf of the team that the claim made in the tweet citing RTI that Rs 30 crore was spent on PM’s visit to Morbi is completely misleading and fake.
Source: www.tv9hindi.com”