section 124A indian penal code

INDIAN PENAL CODE

Section 124A: Sedition

124A¹. Sedition::-- 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 towards² the Government established by law in India^3,4 shall be punished with imprisonment for life⁵, 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable. 

 COMMENTS

`Sedition’ means bringing or attempting to bring into hatred or contempt or exciting or attempting to excite disaffection towards Government by words, either spoken or written, or by signs, or by visible representation or otherwise.

Communication or agreement which has as its objective the stirring up of treason or certain lesser commotions, or the defamation of the government.Sedition is advocating, or with knowledge of its contents knowingly publishing, selling or distributing any document which advocates, or, with knowledge of its purpose, knowingly becoming a member of any organization which advocates the overthrow or reformation of the existing form of government of this state by violence or unlawful means.An insurrectionary movement tending towards treason, but wanting an overt act; attempts made by meetings or speeches, or by publications, to disturb the tranquillity of the state.

The intention with which the language is used is the essence of the crime of sedition.It is only when the words have pernicious tendency or intention of creating public disorder or disturbance of law and order that the law comes into the picture–Kedar Nath, AIR 1962 SC 955

This section is not unconstitutional and it is not violative of the fundamental right of freedom of speech and expression under Art. 19(1)(a) of the Constitution.

 1. Subs. by Act 4 of 1898, sec. 4, for section 124A which had been ins. by Act 27 of 1870, sec. 5.

2. The words “Her Majesty or” omitted by the A.O. 1950. The words “or the Crown Representative ins. after the word “Majesty” by the A.O. 1937 were omitted by the A.O. 1948.

3. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

4 The words “or British Burma” ins. by the A.O. 1937 omitted by the A.O. 1948.

5. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life or any shorter term” (w.e.f. 1-1-1956).