Honey Singh faces arrest; three-year jail term if convicted
By Ramandeep Singh Bajwa
Mohali, July 9, 2019: Popular rap singer Honey Singh, who has been booked by the Mohali Police for using lewd lyrics in his latest Album “Makhna”, faces arrest and a jail term of up to three years if convicted.
Honey Singh was slapped with an FIR under Sections 294, 509 of the IPC, Section 67 of IT Act and Section 6 of Indecent Representation of Woman (Prohibition) Act 1986, for
Babushahi spoke to Mohali SSP Harcharan Bhullar and asked him what would be the next course of action in the case after the registration of FIR.
“We will arrest Honey Singh soon and adopt the logical legal course for trial ,” replied Bhullar.
The FIR was registered on the advice of DDA, Legal, SAS Nagar who said that if the facts mentioned in the report submitted by the investigation officer are true, then an FIR can be registered under Sections 294, 509 of the IPC, Section 67 of IT Act and Section 6 of Indecent Representation of Woman (Prohibition) Act 1986.
The lyrics in the song which have been objected to and on the basis of which the FIR was registered read like this: “Tu tu ru ru makhna Main aur mere kalakar Sab beth ke karein chill Par main hoon womenizer Mujhe akele main matt mill Silicon wali ladkiyon ko main pakadta nahi Brown girls se mera dil bharta nahi Gori gori skin ke liye main marta nahi Kyun ke main hoon sher ghaas charta nahi”.
Here is a breakdown of the sections of law the singer is up against.
Section 294, IPC: Obscene acts and songs. Whoever, to the annoyance of others: (a) Does any obscene act in any public place, or (b) Sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Section 509, IPC: Word, gesture or act intended to insult the modesty of a woman. Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Section 67 of IT Act: Punishment for publishing or transmitting obscene material in electronic form. Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
Section 6 of Indecent Representation of Women(Prohibition) Act, 1986: Any person who contravenes the provisions of Section 3 or Section 4 shall be punishable on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and in the event of a second or subsequent conviction with imprisonment for term of not less than six months but which may extend to five years and also with a fine not less than ten thousand rupees but which may extend to one lakh rupees.
Section 3 of Indecent Representation of Women(Prohibition) Act, 1986:Prohibition of advertisements containing indecent representation of Women: No person shall publish, or cause to be published, or arrange or take part in the publication or exhibition of, any advertisement which contains indecent representation of women in any form.
Section 4 of Indecent Representation of Women(Prohibition) Act, 1986:Prohibition of publication or sending by post of books, pamphlets, etc; containing indecent representation of women: No person shall produce or cause to be produced, sell, let to hire, distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure which contains indecent representation of women in any form: Provided that nothing in this section shall apply to — any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure — the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, slide, film, writing, drawing, painting, photography, representation or figure is in the interest of science, literature, art, or learning, art, or learning or other objects of general concern; or which is kept or used bona fide for religious purpose; any representation sculptured, engraved, painted or otherwise represented on or in — any ancient monument within the meaning of the Ancient Monument and Archaeological Sites and Remains Act, 1958 (24 of 1958); or any temple, or on any car used or the conveyance of idols, or kept or used for any religious purpose; any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 (37 of 1952), will be applicable
Copy of the FIR registered at Mataur Police Station is as under :