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n) Spreading False News
it an offence for any person, not being one of those mentioned in Section 62, to refuse without just cause to lend his services to a public officer in the discharge of his public duties on the occasion (inter alia) of a tumult or offences "in flagrante".
Lastly, we must notice that, although in discussing the nature of the offences of unlawful assembly we have stated that the lawfulness of the common purpose does not exclude the offence if the manner of the meeting endangers the public peace and causes alarm, yet the law makes an express exception to this rule. By Section 81, if the common purpose of the three or more persons assembled together be that of assisting in the defence of the possession of the dwelling house or other property of any one of them or in the defence of the person of any one of them, such assembly shall not be deemed unlawful, even though they may execute or endeavour to execute such purpose, or otherwise conduct themselves violently and tumultuously, or in such manner and under such circumstances as are calculated to create terror and alarm among His Majesty’s subjects. Indeed, even a bodily harm or a homicide committed by any such person in the act of such defence may, in appropriate circumstances, be exempt from punishment. Section 238 considers as justifiable a homicide or a bodily harm taking place in the act of defence against persons engaged in theft accompanied with violence or plunder with violence even though the theft or plunder be only attempted.
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(n) Spreading False News
This offence was added to the class of crimes against Public Tranquillity by Section 2 of Ordinance VI of 1933. Every person is guilty thereof who maliciously spreads false news which is likely to alarm public opinion or disturb the public good order or the public peace or to create a commotion among the public or among certain Classes of the public. The punishment is imprisonment from one month to three months.
The word maliciously in the context means "with the knowledge that the news is false” .
Where the offence is committed by means of printed matter then Section 13 of the Press Ordinance (Ordinance V of 1933) applies. That section provides that "malice" is presumed, for the purpose of the offence hereunder, in default of evidence showing that the accused had taken adequate care to investigate the truth of the statement before publication.
