THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 437
This theory is not accepted universally. Attempt to prevent crime may involve undue interference in the liberty of the individual.
English theory is inclined towards the view that the state should intervene only when the conduct of an individual amounts to a crime.
E. g. —English law of sedition, assembly.
On the other hand, the Indian Law takes a different view. E. g. Press Act, Public Meetings Act.
That being so, the Criminal Procedure Code enacts certain Sections to enable the Criminal Courts to prevent the commission of offences.
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Chapter VIII deals with offences against public tranquillity.
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The Court Contemplates the following usage fit for such preventative or anticipatory action.
There are quarrelsome people in every country in the world, and there are some quarrels which may lead to violence and even to serious crime.
In the same way certain forms of propaganda, if carried on without any restraint, may induce ignorant persons to do harmful things, they may be circulating falsehoods, or even more deadly half-truths, cause ignorant persons to believe, to act upon the belief, that malicious designs are being entertained which in fact are not entertained by any one.
Again there are those who prefer a life of idleness, varied by occasional crime when detection seems unlikely, to one of honest work. There are also persons who live mainly on the proceeds of crime committed by themselves, or on a share of the proceeds of crime committed by others, whom they help to escape detection, or assist by setting up an organization which affords its supporters both opportunity to dispose of the proceeds of their dishonesty and a fair prospect of immunity from punishment.