ROLE OF ......................... INDIAN DEMOCRACY 85
Provided that no offence shall be deemed to have been committed under this Section, if the Court is satisfied that the accused person has not acted at the instigation of or in collusion with any other person or in pursuance of any conspiracy or of any agreement or combination to boycott.
III. PUNISHMENT FOR INSTIGATING OR PROMOTING A BOYCOTT
Whoever —
(a) publicly makes or publishes or circulates a proposal for, or
(b) makes, publishes or circulates any statement, rumour or report with intent to, or which he has reason to believe to be likely to, cause or
(c) in any other way instigates or promotes the boycotting of any person or class of persons, shall be punished with imprisonment which may extend to five years, or with fine or with both.
Explanation. — An offence under this section shall be deemed to have been committed although the person affected or likely to be affected by any action of the nature referred to herein is not designated by name or class but only by his acting or abstaining from acting in some specified manner.
IV. PUNISHMENT FOR THREATENING A BOYCOTT
Whoever, in consequence of any person having done any act which he was legally entitled to do or of his having omitted to do any act which he was legally entitled to omit to do, or with intent to cause any person to do any act which he is not legally bound to do, or to omit to do any act which he is legally entitled to do, threatens to cause such person or any person in whom such person is interested, to be boycotted shall be punished with imprisonment of either description for a term which may extend to five years or with fine or with both.
Exception : — It is not boycott
(i) to do any act in furtherance of a bona fide labour dispute,
(ii) to do any act in the ordinary course of business competition.
N.B.— All these offences shall be deemed to be cognizable offences.