Tuesday, May 28, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

IPCMODEL ANSWER

SEDITION

Explain briefly the offence of Sedition and its evolution under section 124A of Indian Penal Code, 1860.

Constitution of India is the supreme law of the land and it depicts the society in every aspect. It provides very basic rights to each and every individual which are necessary for their growth and development and moreover binds them with some basic duties which are necessary for the growth and development of our society. Every provision of our Constitution is for the welfare of society and for proper growth and development of our society, the Constitution of India provides the provisions for the establishment of Government.

According to our Indian Legal System, it is duty of each and every citizen of India to give utmost respect to every provision of Constitution of India and to the government of India which has been established according to the provisions of Constitution of India.

According to the provisions of Constitution of India, it is duty of each and every citizen not to do any such act which creates hindrance in the working of the Government or brings feeling of enmity into the mind of public against the government. If any person does any such act, then he can be prosecuted under section 124A of Indian Penal Code, 1860.

Section 124A of Indian Penal Code, 1860, deals with the provisions of Sedition and according to section 124A if any person says anything against the government which brings the feeling of enmity or disloyalty into the mind of general public against the government or if he attempts to bring the feeling of enmity or disloyalty then he can be held liable for having committed the offence of sedition under section 124A of Indian Penal Code, 1860. According to this section, an accused can show his feelings either by words either spoken or written or by signs or by visible representations.

The term “Disaffection” has been used in section 124A of Indian Penal Code, 1860 and according to the explanation 1 of Section 124A of Indian Penal Code, 1860, the term disaffection includes both disloyalty and feeling of enmity.

In the leading case of Queen Empress vs. Jogendra Chundar Bose & Ors (1892 ILR 19 CAL 35), the Hon’ble Court explained the difference between “disaffection” and “disapprobation” and stated that the term “disaffection” means as a feeling contrary to affection, in other words dislike or hatred whereas “disapprobation” simply means disapproval.

Moreover, in the leading case of Queen Empress vs. Bal Gangadhar Tilak (1917), the Hon’ble Court defined the term “Disaffection” as absence of affection and stated that it includes hatred, enmity, dislike, hostility, contempt and every form of ill- will against the government.

According to Indian Legal System, this section restricts the fundamental right of freedom of speech and expression given under article 19(1)(a) of Indian Constitution. According to this article, every citizen has right to speak anything. But according to the Indian Constitution, this right is not an absolute right and it can be restricted according to the provisions of Law and according to section 124A, any person who tries to bring feeling of enmity and disloyalty into the mind of general public against the government then he can be prosecuted for having committed the offence of Sedition.

In the leading case of Ram Nandan vs. State (1959), the Hon’ble Allahabad High Court declared section 124A of Indian Penal Code, 1860, as ultra vires of Constitution because it violates the fundamental right given under article 19(1)(a) of Indian Constitution.

But, in the leading case of Kedar Nath Singh vs. State of Bihar (1962), the Hon’ble Apex Court declared section 124A of Indian Penal Code, 1860, constitutionally valid and held that any act that had the “effect of subverting the government” by violent means or creating public disorder would fall within the definition of sedition. The mere utterance of a word or constructive criticism on any policy matter would not attract the penal offences, until those words generate the feeling of enmity or disaffection towards the Government, and which subsequently results in public disorder by an act of violence.

According to section 124A of Indian Penal Code, 1860, if any person tries to bring feeling of enmity or disloyalty into the mind of general public then he can be prosecuted for having committed the offence of Sedition but it does not mean that a person has no right to criticise the policies made by the government.

According to our Indian Legal System, a person has right to criticise the policies made by the government generally. According to section 124A of Indian Penal Code, 1860, if a person criticises the administrative actions of government or policies made by the government without an intention to bring hatred into the mind of general public against the government then in such a case, he cannot be held liable for having committed the offence of Sedition.

In the leading case of Vinod Dua vs. Union of India (2021), the Hon’ble Apex Court held that “every citizen has right to criticize or comment upon the measures undertaken by Government” and only that activity that would be intended or tend to cause public nuisance would fall within the meaning of sedition.

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