The law of sedition in India dates back to the colonial era and relates to the uttering of seditious words or doing seditious acts. Sedition is an act aimed at bringing about disaffection for the government. Seditious intention is the intention to bring about hatred or contempt for the government. Section 124A of the Indian Penal Code lays down the provisions relating the offence of sedition though the word 'sedition' does not occur in the section but only in the marginal note.
Section 124A provides: 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.
The offence comprises of two parts:
(1) an intention to bring or attempt to bring into contempt, or excite or attempt to excite disaffection towards the government established by law; and
(2) such intention is brought into effect by words either spoken or written or signs or by visible representation or otherwise.
Mere criticism of an administrative action does not amount to sedition, rather the intention of the person to incite an offence must be clear from the words.
While the section seems to be unconstitutional affecting the freedom of speech and expression, it is saved by the exceptions under Article 19(2). The exception on the ground of "in the interest of public order" saves the section as the term public order has a wide connotation. Article 19(2) states: Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
The words or acts that are deemed to be seditious must have an intention of creating disaffection against the government established by law and must be aimed at inciting an offence. They have an effect of creating public disorder. The intention of inciting an offence can be gathered from the nature of the words used.
Section 124A provides: 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.
The offence comprises of two parts:
(1) an intention to bring or attempt to bring into contempt, or excite or attempt to excite disaffection towards the government established by law; and
(2) such intention is brought into effect by words either spoken or written or signs or by visible representation or otherwise.
Mere criticism of an administrative action does not amount to sedition, rather the intention of the person to incite an offence must be clear from the words.
While the section seems to be unconstitutional affecting the freedom of speech and expression, it is saved by the exceptions under Article 19(2). The exception on the ground of "in the interest of public order" saves the section as the term public order has a wide connotation. Article 19(2) states: Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
The words or acts that are deemed to be seditious must have an intention of creating disaffection against the government established by law and must be aimed at inciting an offence. They have an effect of creating public disorder. The intention of inciting an offence can be gathered from the nature of the words used.
No comments:
Post a Comment