Sedition: Section 124(A): Sedition implies the misdemeanor of publishing orally or in any other manner of communication with the in…
Sedition:
Section
124(A): Sedition implies the misdemeanor of publishing
orally or in any other manner of communication with the intent of exciting
disaffection, hatred or contempt against the Govt. establishment by law.
124(A): Sedition implies the misdemeanor of publishing
orally or in any other manner of communication with the intent of exciting
disaffection, hatred or contempt against the Govt. establishment by law.
Ø Whoever
by words either spoken or written
by words either spoken or written
or
by signs
by signs
or
by visible representation
by visible representation
or
otherwise
otherwise
brings or
attempts to bring in to hatred or contempt, disaffection towards the Govt.
established by Law in India, shall be punished with imprisonment which may
extend to three years to which fine may
added or with fine.
attempts to bring in to hatred or contempt, disaffection towards the Govt.
established by Law in India, shall be punished with imprisonment which may
extend to three years to which fine may
added or with fine.
Explanation
1. Expression “Disaffection” includes disloyalty
and all feeling of enmity.
1. Expression “Disaffection” includes disloyalty
and all feeling of enmity.
2.Comments
expressing disapproval of the Measures of Govt. with view to obtained their
alteration by lawful mean without exciting or attempting to excite hatred,
disaffection do not constitute an offence under this section .
expressing disapproval of the Measures of Govt. with view to obtained their
alteration by lawful mean without exciting or attempting to excite hatred,
disaffection do not constitute an offence under this section .
Ø This
section does not curtail the fundamental right granted under Article 19(1)(a)
section does not curtail the fundamental right granted under Article 19(1)(a)
Kedarnath
Singh V. State of Bihar
Singh V. State of Bihar
S.C.
held that more exciting disaffection without incitement to violence does not
amount to sedition.
held that more exciting disaffection without incitement to violence does not
amount to sedition.
The essence of
the crime is the intention of the writer or speaker.
the crime is the intention of the writer or speaker.
If objective
is to make people aware about the bad impact of proposed economic policy of a
State then it is not illegal but if intention is to excite disaffection, in
spite of public disorder and violence wrong doer will be liable under this
section.
is to make people aware about the bad impact of proposed economic policy of a
State then it is not illegal but if intention is to excite disaffection, in
spite of public disorder and violence wrong doer will be liable under this
section.
Sec
124 (a) Covers Attempt to excite also for eg. A writes a
seditious letter to B, C, D and others to intercepts in between and letter
never reaches to address.
124 (a) Covers Attempt to excite also for eg. A writes a
seditious letter to B, C, D and others to intercepts in between and letter
never reaches to address.
The
apex court States
apex court States
Authorship of
Sedition material alone is not a gist of any of the offence. Distribution and Circulation
of sedition mmaterial may also be sufficient on the facts and circumstances of
a case.
Sedition material alone is not a gist of any of the offence. Distribution and Circulation
of sedition mmaterial may also be sufficient on the facts and circumstances of
a case.
Publication is
an essential ingredient of sedition.
an essential ingredient of sedition.
Practice
exercise:
exercise:
1. Sedition can be
A. Written
B. Spoken
C. By signs or visible representations
D. All of the above
Ans: D
2. Sedition implies the misdemeanour of publishing orally or in any other
manner of communication brings or attempts to bring _________________________
towards the Govt. established by Law in India
manner of communication brings or attempts to bring _________________________
towards the Govt. established by Law in India
A. Hatred
B. Contempt
C. Disaffection
D. All of the above
Ans: D
3. If objective is to make people aware about the bad impact of proposed
economic policy of a State then does it amount to sedition?
economic policy of a State then does it amount to sedition?
A. Yes
B. No
Ans: A
4. A writes a seditious letter to B, C, D and others to intercepts in between
and letter never reaches to address. Will A be held liable?
and letter never reaches to address. Will A be held liable?
A. Yes
B. No
C. Maybe
Ans: A
5. Disaffection includes
A. Disloyalty
B. Feelings of enmity
C. All of the above
D. None of the above
Ans: C
6. X a writer wrote a book criticising the Swatch Bharath mission. Will
he be held liable?
he be held liable?
A. Yes
B. No
Ans: A
7. Sedition has been defined under
A. Sec 124
B. Sec 124(A)
C. Sec 125
D. Sec 126
Ans: B
8. “A” raised many slogans against the Govt which were to the affect of
death to the country. Many people were provoked by these slogans, went and
destroyed various Government offices. Does this amount to sedition as defined
under the IPC?
death to the country. Many people were provoked by these slogans, went and
destroyed various Government offices. Does this amount to sedition as defined
under the IPC?
A. Yes
B. No
Ans: A
9. Does exciting disaffection without incitement to violence amount to
sedition?
sedition?
A. Yes
B. No
Ans: B
10. Y an artist sketches cartoons in his personal book making fun of the
recent economic policies of the Government. He does not publish them anywhere.
Will this amount to sedition?
recent economic policies of the Government. He does not publish them anywhere.
Will this amount to sedition?
A. No
B. Yes
Ans:
