Sedition –124 A

Introduction 

• ‘Sedition’ is a crime under Section 124A of Indian Penal Code, 1860.
• Section 124A was inserted in 1870 by an amendment introduced by ‘James Stephen’ when it felt the need for a specific section to deal with the offence.

Definition

The law on ‘sedition’ is defined in Section 124A of Indian Penal Code, 1860 which states that a person will be charged with ‘sedition’ if they: -

• Bring or attempt to bring into hatred or contempt, or;
• Excite or attempt to excite disaffection towards the Government established by law in India through words, signs, or by visible representation.

Essentials Ingredients of Section 124A

• According to Section 124A, the manner in which seditious activities can be carried out is by words, either spoken or written or by signs or by visible representation, or otherwise.
• As per Section 124A, words either spoken or written signs, visible representation or other means should be exercised in such a manner as to bring or attempts to bring into hatred or contempt towards the Government established by law.
• Disaffection includes disloyalty and all feelings of enmity. However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offence under this section.

Growing Misuse of Section 124

• To sustain law and order in society, the state has a useful weapon in the form of the law against sedition. It cannot, however, be used to quell unrest under the pretext of silencing the perpetrators of criminal activity.
• When someone asserts their right to free expression, this does not imply that they may say anything to anyone. A regrettable but necessary limitation on the right to vote has been imposed. People who use their freedom of speech to divide people on the grounds of religion or caste are those who are abusing it. To safeguard the rights of others in a democratic society, it is necessary to set limits on one’s freedom.

Case laws

• Kedar Nath Singh v. State of Bihar (1962):
  • It was determined that the law was constitutional and that it applied to any written or spoken words that had the affirmative intention of circumventing the government through violent means, regardless of their source.
  • Citizens who condemn the government with the aim of creating public disorder are permitted to do so, so long as they do not incite people to engage in violence against the government.
  • While the Supreme Court upheld the constitutionality of Section 124A, it limited its application to acts involving the intent or inclination to create public disorder, disruption of law and order, or provocation of violence among other things.
  • As the court pointed out, the essence of the crime of “sedition” is the incitement to violence or the inclination or the intention to cause public disorder through words spoken or in a written form that has the potential or the impact of inciting hatred or contempt for the government established by law, or of causing disaffection in the sense of distrust to the state.
• Dr. Vinayak Binayak Sen v. State of Chhattisgarh (2011), (Kanahiya Kumar case):
  • Supreme Court redefined a seditious act only if it had essential ingredients as:
    • Disruption of public order.
    • Attempt to violently overthrow a lawful government,
    • Threatening the security of the State or public.