Statutory definition of "book" and penalty provisions: single-sheet publications fell outside the Act, and conviction was unauthorised.

Single-sheet printed documents were held not to be "books" under the Press and Registration of Books Act, 1867 because the statutory reference to pamphlets did not extend to a mere single sheet, and a wider reading would make the definition meaningless. As a result, no liability arose for non-delivery of copies. The Court also held that Section 16, which provided for forfeiture or penalty in default of delivery, did not itself create an offence authorising conviction and sentence because it lacked express punitive language. The convictions and sentences were therefore unsustainable and were set aside, with refund of fines paid.

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Issues: (i) Whether single-sheet printed documents could be treated as a "book" within the meaning of the Press and Registration of Books Act, 1867, so as to attract the delivery requirement under the Act; (ii) Whether the penalty provision in Section 16 of the Act authorised a conviction and sentence.

Issue (i): Whether single-sheet printed documents could be treated as a "book" within the meaning of the Press and Registration of Books Act, 1867, so as to attract the delivery requirement under the Act.

Analysis: The definition of "book" in the Act includes pamphlets, but the ordinary meaning of "pamphlet" contemplates a small unbound treatise of more than a mere single sheet. On that construction, documents consisting of one sheet with printed pages did not answer the statutory description. The inclusive word "includes" did not justify treating any printed article as a book, because that would render the definition otiose.

Conclusion: The documents were not books within the Act, and no liability arose for non-delivery of copies.

Issue (ii): Whether the penalty provision in Section 16 of the Act authorised a conviction and sentence.

Analysis: Section 16 provided for a monetary forfeiture and related penalty in default of delivery, but did not in terms create an offence punishable by conviction and sentence. The provision was contrasted with other sections of the Act that expressly used the language of punishment on conviction before a Magistrate.

Conclusion: Section 16 did not authorise a conviction and sentence.

Final Conclusion: The convictions and sentences were unsustainable and were set aside, with refund of any fines paid.

Ratio Decidendi: A statutory definition including "pamphlet" cannot be extended to single-sheet publications absent clear legislative intent, and a provision imposing only a forfeiture or penalty does not support a criminal conviction unless the statute expressly so provides.

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