MP High Court quashes FIR against journalist for reporting on Ganesh Visarjan procession violence

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Published 3 November 2026

Case: Not stated in the source
Court: High Court of Madhya Pradesh
Bench: Not stated in the source
Citation: Not stated in the source
Statutes: Indian Penal Code, 1860 — s.153A, s.120B
Source: Bar & Bench

Bottom Line Up Front (BLUF)

The Madhya Pradesh High Court quashed an FIR against a journalist, finding that reporting on Ganesh Visarjan procession violence did not constitute an offence under IPC sections 153A, 505(2), or 120B. The court held that accurate reporting of facts, even if sensitive, is not an incitement to hatred or a criminal conspiracy.

Ratio Decidendi · Legal Principle Established

Reporting factual events, even those involving sensitive communal issues, does not amount to promoting enmity between different groups or publishing statements conducing to public mischief under Sections 153A and 505(2) of the Indian Penal Code, 1860, nor does it constitute criminal conspiracy under Section 120B, provided the reporting is accurate and not intended to incite.

Practice & Procedural Impact for Advocates

Advocates defending journalists should emphasize the distinction between factual reporting and incitement, particularly in cases involving sensitive public events. Litigants should be aware that accurate media coverage, even if critical or sensitive, is generally protected and not an automatic basis for criminal charges.

Key Legal Takeaways

1Factual reporting of sensitive events is protected and does not automatically constitute a criminal offence.
2Sections 153A and 505(2) IPC require an intent to promote enmity or cause public mischief, which is absent in accurate reporting.
3Journalists have a right to report on public events, including those involving violence, without facing undue criminal charges.

The Legal Issue An FIR was lodged against a journalist for reporting on violence that occurred during a Ganesh Visarjan procession. The FIR alleged offences under Sections 153A (promoting enmity between different groups), 505(2) (statements creating or promoting enmity, hatred or ill-will between classes), and 120B (criminal conspiracy) of the Indian Penal Code, 1860. The core legal issue was whether a journalist's factual reportage of a public event, even if it involved communal violence, could be construed as an act of promoting enmity or public mischief, thereby warranting criminal prosecution.

Court's Reasoning The Madhya Pradesh High Court examined the contents of the journalist's report and the provisions of the Indian Penal Code, 1860. The court found that the report merely stated the facts of the incident, including the violence that transpired during the Ganesh Visarjan procession. The court held that reporting on an event, even if it is sensitive or involves communal tensions, does not, by itself, amount to promoting enmity between different groups or causing public mischief. For charges under Sections 153A and 505(2) IPC to stand, there must be an intention to incite hatred or ill-will, or to cause public alarm, which was not evident from the journalist's factual reporting. The court concluded that the FIR was an abuse of the legal process.

What Follows The Madhya Pradesh High Court quashed the FIR filed against the journalist. This means that the criminal proceedings initiated against the journalist based on the reportage of the Ganesh Visarjan procession violence are terminated. The journalist is relieved of the charges under Sections 153A, 505(2), and 120B of the Indian Penal Code, 1860.