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Jammu Kashmir HC Quashes COVID Rumour FIR, Says Panic Alone Does Not Attract Section 505(2) IPC
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Kashmir Life
He was accused of an offence under Section 505(2) IPC.
The petitioner challenged the FIR on the ground that even if the allegation was accepted at face value, it did not constitute an offence under Section 505(2) IPC.
Justice Chowdhary, however, found that the basic ingredients of Section 505(2) IPC were absent from the allegation itself.
“The creation of panic or fear, by itself, does not satisfy the ingredients of the offence under Section 505(2) IPC,” Justice Chowdhary held.
It noted that Section 505(2) IPC carries a maximum punishment of three years and that Section 468 CrPC prescribes a three-year limitation period for taking cognisance of such an offence.