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, a 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.
Explanations
- The expression “disaffection” includes disloyalty and all feelings of enmity.
- 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.
- 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.
IPC Section 124A: Simplified Explanation
IPC Section 124A of the Indian Penal Code (IPC) addresses the crime of sedition. This provision has historically been among the most contentious in Indian law due to its implications for free speech and political dissent. Sedition is any act or attempt to bring hatred, contempt, or disaffection towards the government established by law in India.
Here is a detailed breakdown of IPC Section 124A:
- Definition and Scope:
- Acts of Sedition: Under Section 124A, the central element of sedition is conduct (whether through words, either spoken or written, signs, or visible representation) that incites or attempts to incite hatred, contempt, or disaffection toward the Government of India.
- Disaffection: This includes feelings of enmity, dislike, hostility, or any form of ill-will towards the government. However, comments without incitement to violence or intention to create public disorder do not constitute sedition.
- Punishment Under Section 124A:
- The punishment for sedition can be severe, including life imprisonment, three years in prison, or a fine, depending on the severity and impact of the seditious act. The aim is to deter actions that destabilise or undermine the state’s authority.
- Legal Implications:
- Balance with Free Speech: Section 124A has been debated regarding its impact on the right to free speech and expression. The courts have often emphasised that only actions likely to incite public disorder or the use of violence fall under this section, protecting other forms of political dissent or criticism.
- Role in National Security: The section is viewed as a tool to protect the nation’s integrity and the authority of its government from attempts to subvert or overthrow it through violent means or incitements to violence.
- Judicial Interpretation: Courts in India have progressively narrowed the interpretation of sedition, requiring a direct and imminent threat to the state’s security or public order for prosecution under this section.
- Examples:
- Incendiary Speeches: A person who delivers a speech calling for violent overthrow or armed rebellion against the Government of India could be prosecuted under Section 124A.
- Publications: Writing and distributing articles or pamphlets that incite hatred or violence against the government, with a clear and present danger of leading to public disorder, would fall under this section.
Understanding IPC Section 124A is essential for navigating the delicate balance between maintaining public order and protecting fundamental rights such as freedom of speech and expression in a democratic society.
