Strict construction of publisher liability: mere distribution of pamphlets is not publication under the Press and Registration of Books Act.

A person who merely distributes or sells printed pamphlets is not a "publisher" for liability under the Press and Registration of Books Act, 1867. Construing "publisher" in its ordinary and technical sense, the Bombay HC held that publication requires arranging the material for public circulation, not mere distribution. Because the provision was penal, it was strictly construed, and the absence of evidence of actual publication was decisive. On that basis, liability under Section 12 could not be sustained and the conviction failed.

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Issues: Whether a person who merely distributes printed pamphlets can be treated as a publisher so as to incur liability under Section 12 of the Press and Registration of Books Act, 1867.

Analysis: The expression "publisher" in Sections 3 and 12 was construed in its ordinary and technical sense as the person who arranges for publication for public circulation. The Court held that mere distribution or sale of a pamphlet does not amount to publishing it. Applying strict construction to the penal provision, the Court declined to extend liability to a person who was only found distributing the pamphlets, and treated the absence of evidence of actual publication as decisive.

Conclusion: Mere distribution of the pamphlet did not constitute publication within Section 12, and the conviction could not stand.

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