Skip to main content

Facts Everyone should know about Indian Sedition Law

1. Section 124A in Chapter VI of Indian Penal Code deals with the Offence ‘Sedition’. Chapter VI deals with ‘Offences against the State’. 
2. The word ‘Sedition’ is not mentioned in 124A. The Section reads as follows; 124-A. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffec­tion towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity. Explanation 2.—Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3.—Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.  
3. 124A was part of the Original Indian Penal Code of 1860 enacted by the British 
4. The section was amended by the Indian Penal Code Amendment Act (IV of 1898.). As a result of the amendment, the single explanation to the section was replaced by three separate explanations as they stand now. 
5. The maximum punishment for the Offence is Life Imprisonment 
6. The offence is Cognizable, Non-bailable, Non-compoundable and triable by a Court of Sessions. 7. Many Indian freedom fighters including Mahatma Gandhi and Bal Gangadhar Tilak were charged with Sedition during freedom Struggle. 
8. The first case in India that arose under the section is known as the Bangobasi case (Queen-Empress v. Jagendra Chunder Bose) 
9. Bal Gangadhar Tilak was convicted under this Section and sent to Mandalay, Burma from 1908 to 1914 for  defending the Indian revolutionaries and called for immediate Swaraj or self-rule in his newspaper ‘Kesari’  (Queen Empress Vs. Bal Gangadhar Tilak (1897)) 
10. In 1959 Allahabad High Court declared that S.124A was ultra vires to Art. 19(1)(a) of the Constitution. 
11. The above decision was overruled by the Supreme Court in Kedar Nath Case 
12. In Kedar Nath Case, the Constitution Bench had read down Section 124A. It was upheld by construing it narrowly and stating that the offence would only be complete if the words complained of have a tendency of creating public disorder by violence. 
13. In Kedra Singh Case it is clarified that comments, however strongly worded, expressing disapprobation of actions of the Government, without exciting those feeling which generate the inclination to cause public disorder by acts of violence, would not be penal. 
14. In Balwant Singh And Anr vs State of Punjab , Supreme Court held that the casual raising of the Slogans like Khalistan Zindabad etc once or twice by two individuals alone cannot be said to be aimed at exciting or attempt to excite hatred or disaffection towards the Government as established by law in India. 

15. In Bilal Ahmed Kaloo v. State of Andhra Pradesh Supreme Court warned the Courts against the casual approach in invoking this section. It is held that ‘mechanical order convicting a citizen for offences of such serious nature like sedition and to promote enmity and hatred etc. does harm to the cause. It is expected that graver the offence, greater should be the care taken so that the liberty of a citizen is not lightly interfered with’.

Comments

Popular posts from this blog

India Tech Vision-2035

India Tech Vision-2035 India's technology thinktank under the ministry of science & technology has come out with `Technology Vision 2035' here at the ongoing Indian Science Congress, identifying the challenges ahead and how they can be dealt with through technological interventions while realising the dream of a developed India by the year 2035. The thinktank -Technology Information, Forecasting and Assessment Council (TIFAC) -in the vision document lists a technology roadmap for India, giving details of 12 sectors and technologies that in some cases exist but need to be deployed, some in the pilot stage that must be scaled up and technologies in R&D stage. It, in fact, talks about many future technologies, ranging from flying cars, real time translation software, personalised medicine, wearable devices, e-sensing (e-nose and e-tongue) to 100% recyclable materials among others which may be used in different areas to solve day-to-day problems “The trajectories del...

SWACHH BHARAT MISSION

SWACHH BHARAT MISSION Prime Minister Narendra Modi launched the Swachh Bharat Mission (SBM) on October 2, 2014, the birth anniversary of Mahatma Gandhi. The ambitious programme aims to make the streets, roads and infrastructure across the country clean by October 02, 2019, the 150 th  birth anniversary of the Father of the Nation. It is India’s biggest ever cleanliness drive. The relevance of the Swachh Bharat Mission Sanitation has emerged as a key issue since the 2011 Census highlighted e glaring data on lack of toilets in the country by stating that over 26 million people in India defecate in the open. Launched with an estimated cost of around Rs 62,009 crore, Swachh Bharat Mission aims to achieve the elimination of open defecation in the country. Among its other objectives are conversion of insanitary toilets to pour flush toilets, putting an end to the inhuman practice of manual scavenging and carrying out Municipal Solid Waste Management (MSWM). Involvem...

12 April is Observed as International Day of Human Space Flight

12th April is being observed as the International Day of Human Space Flight to commemorate the date of the first human space flight in the history of mankind every year.  In 1961 Yuri Gagarin, a Soviet Union (USSR) cosmonaut undertook first successful first human space flight on this day. And this historic occasion had opened the way for space study for the benefit of all humanity. This historic day is celebrated as Cosmonautics Day in Russia and some other former USSR countries. This year 2016 is 55th anniversary of First Human Space Flight. Background After UN General Assembly had passed its resolution A/RES/65/271 of 7 April 2011, United Nations (UN) had declared 12th of April as the International Day of Human Space Flight. The main objective behind international celebration of this day is to memories each year at the international level the beginning of the space era for mankind. It also aims to reaffirm the important role of space science and technology...