Section 124 A

Why in news?

• The Ministry of Home Affairs has informed that there is no proposal under consideration to scrap Section 124A of the Indian Penal Code, 1860.

More about the news:

• The petition questioning the constitutional validity of Section 124A is pending for adjudication before the Supreme Court of India.

About Section 124 A:

• Section 124A of the Indian Penal Code lays down the punishment for sedition or offences against the state.
• The law was originally drafted in 1837 by Thomas Macaulay, the British historian-politician, but was inexplicably omitted when the Indian Penal Code (IPC) was enacted in 1860.
• Section 124A was inserted in 1870 by an amendment introduced by Sir James Stephen
• The first case was registered in 1891, when Jogendra Chandra Bose, editor of a newspaper ‘Bangobasi’ was booked for publishing an article criticising ‘Age of Consent Bill’.

Definition of sedition under the law:

• 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.

Punishment for the Offence of Sedition:

• Sedition is a non-bailable offence.
• Punishment under the Section 124A ranges from imprisonment up to three years to a life term, to which 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.

Court on sedition law

• Kedar Nath Singh case 1962
  • Supreme Court upheld the constitutional validity of sedition and noted it as being a reasonable restriction on free speech as provided in Article 19(2)
  • The Court upheld the law on the basis that this power was required by the state to protect itself.
  • Citizen has the right to criticize government >> but does not incite people to violence against the government  with the intention of creating public disorder.
  • Court held that "the act is seditious only if it had the tendency to disrupt public order”
• In Balwant Singh v. State of Punjab (1995)
  • Supreme Court had clarified that merely shouting slogans does not amount to sedition.
• Vinod Dua case, 2021
  • Supreme Court has quashed a criminal case registered in Himachal Pradesh against journalist Vinod Dua by invoking the narrowed-down meaning of what constitutes an offence under Section 124A of the IPC, set out in Kedar Nath Singh (1962).

PRELIMS QUESTION

Which of the following statements regarding Section 124 A of Indian Penal Code?

1. The law was originally drafted by Thomas Macaulay.

2. First case under this section was registered against Jogendra Chandra Bose

Select the correct answer using the codes given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer