Section 124A IPC:It defines sedition as an offence committed when "any person 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".

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.

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.

Punishment for the Offence of Sedition:It is a non-bailable offence.

Punishment under Section 124A ranges from imprisonment up to three years to a life term, to which a fine may be added.

A person charged under this law is barred from a government job.

They have to live without their passport and must produce themselves in the court at all times as and when required.

Case Law:

Ram Nandan vs State

Case Number: AIR 1959 All 101, 1959 CriLJ1
Court: Allahabad High Court
Bench: M Desai, R Gurtu, N Beg
Decided On: 16May, 1958
Relevant act/ sections: Section 124-A, I.P.C.

Brief Facts:
On 29-5-1954, the appellate delivered a speech to an audience of about 200 persons, mostly villagers. The gist of his speech was this:

Mothers and sisters were obliged to sell their honour in order to support themselves. Labourers were obliged to beg. Thousands of cultivators and labourers were famishing for want of food. School fees and railway fares were increased two-times and four-times so that cultivators may not remain happy, In the Congress regime thousands of Sitas were being abducted and women were turning into prostitutes for the sake of food and clothing.

Taxes were being imposed on deaths and births. Cultivators' and labourer's blood was being sucked through foreign capitalists. Labourers of U. P. had now organized themselves. Now they will not beg for pity but will take up cudgels and surround the ministry and warn it that if it did not concede their demands it would be overthrown.

If it was thought desirable that cultivators and labourers should rule the country, every young person must learn the use of swords, guns, pistols, batons and spirit bottles, because without a fight the present Government would not surrender. Governments have not been overthrown without the use of batons. Cultivators and labourers should form associations and raise an army.

If they wanted a Government like the Chinese Government, they should raise an army of volunteers and train them in the use of guns and pistols. Taimurlung, Aurangzeb, Sher Shah and other tyrants did not divide the country but Jawaharlal Nehru turned out to be such a big traitor that he divided the country into two parts.

The appellant admitted having made the speech but denied some of the words. He also challenged the constitutionality of Section 124-A, I. P. C., pleading that its provisions have become void under Article 13 of the Constitution. The learned Sessions Judge found that the speech was made by the appellant and that Section 124-A imposes reasonable restrictions on the freedom of speech in the interests of public order and security of the State.

Accordingly he convicted the appellant.Appeal was connected to the said case, by the State from an order of an Additional Sessions Judge acquitting the respondent, Ishaq Ilmi, of the offence of Section 153(A),I. P. C.



Issues:

• Whether Section 124-A of the Indian penal Code is ultra vires the Constitution of India?

Decision Held By The Court
Section 124-A, I. P. C. have become void with the enforcement of the Constitution.

Written By: S.Barathkumar