Code
1[124ASedition.–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, 2*** the Government established by law in 3[India], 4*** shall be punished with 5[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.
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.]
Explain it
This section defines sedition as any act that aims to incite hatred, contempt, or disaffection towards the Indian government. This includes:
- Words: Spoken or written words that criticize the government.
- Signs: Gestures or symbols that express discontent towards the government.
- Visible representation: Visual displays or artwork that aim to undermine the government.
- Other means: Any other act that seeks to inspire disaffection.
The key element of this section is the intent to “bring into hatred or contempt, or excite or attempt to excite disaffection towards the Government.” Mere criticism of the government is not enough to constitute sedition. There must be a clear intention to incite violence or to disrupt the lawful functioning of the government.
Illustrate it
Here are some examples of acts that could be considered seditious:
- Giving a speech that calls for overthrowing the government.
- Publishing an article that incites violence against government officials.
- Displaying a banner that insults the national flag or symbol.
- Using social media to spread false information about the government with the intent to create unrest.
It’s important to note that these are just examples, and the specific circumstances of each case would determine whether an act constitutes sedition.
Common Questions and Answers
Q: Is criticism of the government always considered sedition?
A: No, criticism of the government is a fundamental right in India. However, criticism must be done responsibly and should not incite violence or disrupt the lawful functioning of the government.
Q: What are the penalties for sedition?
A: The penalties for sedition range from imprisonment for life to a three-year prison sentence, with the possibility of a fine.
Q: Is Section 124A of the IPC still in force?
A: Yes, Section 124A is still in force, but its validity has been challenged in court. The Supreme Court of India has expressed concerns about the vagueness of the law and its potential for misuse.
