The offence under the section is cognizable, non-bailable, non- compoundable and is triable by the Court of Sessions. It is also a statutory requirement that no court shall take cognizance of the offence of sedition except with the prior sanction of the central or the state government. Since its inception, the meaning and scope of the offence has been the subject of judicial interpretation.
Explained: The Scope of Law of Sedition in India
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New Delhi (AJRI): New Delhi (AJRI): The Law of Sedition has become one of most legally discussed subjects now days in India.
The Association of Judicial Reforms (India), working for transparency and fairness in Indian Justice delivery system understands cruciality this issue for India and its citizens in era of openness thus referring an article in the interest of transparency and fairness in Indian Justice delivery system.
As Article is long therefore we are publishing this in parts with sole aim to make readers understand in capsules.
Today We will discuss the Scope of Law of Sedition in India;
The offence under the section is cognizable, non-bailable, non- compoundable and is triable by the Court of Sessions. It is also a statutory requirement that no court shall take cognizance of the offence of sedition except with the prior sanction of the central or the state government. Since its inception, the meaning and scope of the offence has been the subject of judicial interpretation.
The main reason
for this was that while defining the offence of sedition, the section uses a
number of terms and phrases the meanings of which have not been exhaustively
explained. It seems it has been deliberately vaguely worded.
For instance, it contains the terms 'hatred', 'contempt' and 'disaffection'
and, at the same time, talks about 'disapprobation' without exciting such
hatred, contempt or disaffection. Similarly, the section contains the phrases
'brings or attempts to bring into hatred or contempt' and 'excites or attempts
to excite disaffection' but gives no indication as to when or how exactly is a
person supposed to do so. Consequently, these words 'disaffection', 'hatred'
and 'contempt' have been subject to varied interpretation by different courts.
With respect to the term 'disaffection', the section explains the meaning of
this term as including 'disloyalty and all feelings of enmity.' Explanation 2
and 3 to section 124A of the I.P.C. elucidate what does not constitute the
offence of sedition. Hence, the Law of Sedition as formulated, firstly vaguely
expresses what is sedition and secondly, states what is not sedition.
It is well settled that in interpreting an enactment, the court should have
regard not merely to the literal meaning of the words used, but also take into
consideration the antecedent history of the legislation, its purpose and the
mischief it seeks to suppress. Accordingly, the Supreme Court, in Kedar Nath
Singh v. State of Bihar, restricted the scope of this section to acts
involving intention or tendency to create disorder, or disturbance of law and
order, or incitement to violence.
In this case, the court observed that "the provisions of the sections read
as a whole, along with the explanations, make it reasonably clear that the
sections aim to rendering penal only such activities as would be intended, or
have a tendency, to create disorder or disturbance of public peace by resort to
violence."
It is worthy to note that to constitute an offence under Section 124-A of the
IPC it is not necessary that one should excite or attempt to excite mutiny or
rebellion or any kind of actual disturbance, it would be sufficient that one
tries to excite feelings of Hatred or Contempt towards the government. Both
successful and unsuccessful attempts to excite disaffection are placed on the
same footing. So even if person had only tried to excite the feelings he could
be convicted. Whether any disturbance or outbreak was actually caused by such
attempt is absolutely immaterial.
In next post some important characteristics related to offence of sedition
Source: This Article is excerpt of an article written by Harshit Kumar, the Article was first published on website Legal Service India.com and republished in the interest of justice .
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