Principles

·  CRIMINAL LAW — Inciting disturbance — Penal Code, S. 127A —. Spoken words alone not an “act”.

Spoken words alone cannot constitute an “act” within the meaning of Penal Code, s. 127A.

Judgment

 S. M. A. Attig, P. J., April 30, 1963 :— I refer to non-summary trial No. 22-1963 which is returned herewith.

The facts of the case do not warrant a Conviction under Penal Code, s. 127A. Penal Code, s. 127A refers to “any act done with the intent to cause or which is likely to cause a breach of the peace.” “Act” means an overt act and does not under any circumstances mean words uttered or said by mouth. It must be a deed or in other words something done but not said.

Had the learned magistrate followed the contents of Criminal Court Circular No. 11 and dealt, with every ingredient of the section separately, he would sno doubt have come to the correct decision.

Moreover, the poor prisoner was deprived of his right of defence and consequently the proceedings resulted in a nullity.

The facts of the case may have out aprima facie case under Penal Code, s. 107.

I have, however, quashed the case and order the prisoner to be set liberty at once.