difference only that instead of using the words "law
relating to sedition," the framers of the Constitution have
used the words mentioned above ... interesting to note
that sedition was mentioned in the original draft of the
Constitution, but subsequently that word was dropped and the
words which
SC1042 (11)
E 1991 SC 101 (28,69,227,278)
ACT:
Sedition-Content of Statute panalising
sedition and statements conducing to public
mischief-Constitutionality ... HEADNOTE:
Section 124A of the Indian Penal Code which
makes sedition an offence is constitutionally
valid. Though the section imposes restrictions on
the fundamental freedom
Because the decisive ingredient for establishing
the offence of sedition under Section 124-A IPC is the
doing of certain acts which would bring
amount to offence under sections 124A IPC,
which reads as thus:
124A. Sedition
Whoever by words, either spoken or written, or by signs ... prosecution that
the applicants herein have committed the offences of sedition punishable
under Section 124A of the IPC, waging of war punishable under Section
precisely the same language as is used to describe the offence of sedition in Section 124A of the Indian Penal Code. We were invited ... Rules ought to be regarded differently from an offence described as 'sedition' in the Code, even though the language describing the two things
effect that
"the very tendency of sedition is to incite the people to insurrection and rebellion "and that" the law considers ... sedition all those practices which have for their object to excite discontent or disaffection, to create public disturbance, or to lead to civil
precisely the same language as is used to describe the offence of sedition in Section 124A of the Indian Penal Code. We were invited ... Rules ought to be regarded differently from an offence described as 'sedition' in the Code, even though the language describing the two things
ambit of Section 124A which defines the well-known offence of sedition with which many in this country were only too familiar during the days ... British rule. The offence of sedition is the resultant of the balancing of two contending forces, namely, freedom and security. Freedom and security in their
Government established by law for armed rebellion
and was guilty of committing sedition.
6. On these allegations, charges for committing offence
under Sections ... charges.
20. Section 124-A of the IPC reads thus:-
"124A. Sedition - Whoever, by words, either
spoken or written, or by signs
difference only that instead of using the words "law relating to sedition." The framers of the Constitution have used the words mentioned above ... interesting to note that sedition was mentioned in the original draft of the Constitution, but subsequently that word was dropped and the words which
