Skip to main content

Sedition Laws of India

                    Sedition Laws of India

According to the Section 124A of the Indian Penal Code, 1860, ‘If an individual either by spoken words or signs or even by representation does an act which held to be contemptuous towards the Government of India, it is said to have committed the offence of Sedition which is punishable’. In a layman’s language, if any person attempts to bring hatred or contempt or excites or attempts to excite disaffection among the people of the country, then that person will be booked under the offence Sedition and charged with the imprisonment for life to which fine may be added or imprisonment for more than 3 years and fine. It depends on the gravity of the incitement and disaffection generated. It was made cognizable in 1973 when Indira Gandhi was the Prime Minister of India. It means that from thereon, an individual can now be arrested without a warrant under Section 124A which stands for the offence of Sedition. In 1962, the SC said that sedition will only apply when there is actual ‘incitement to violence’ or ‘overthrowing a democratically elected government through violent means’.

In modern India, this offence and its execution is often seen as a tool to curb the right of free speech. When the First Amendment of Constitution of India took place, the then Prime Minister of India wanted to remove this section and clearly indicated for the same also. After that so many opinion and law makers came and thought of removing this section, but of no use. Critics are of the view that this is an very outdated law and presents the thinking of colonial era which was introduced to suppress Indians and their dissent for freeing India. It curtails the right to free speech which is obviously a fundamental right and therefore holds no place in the modern democracy like India.

One of the main reason that this Section 124A is seen in a bad light is there are other laws also in Indian Penal Code, 1860 which can be applied and individuals to be booked under this offence if any kind of threat or violence or any unlawful activities takes place. In that case, this particular law that is Section 124A need not to be functional as it gives the unbridled power to the authority to arrest an individual merely on the basis of attempt to incite violence or disaffection which in turn can also result in imprisonment for life with fine added. Some of these acts are:

  1.  Unlawful Activities Act

  2. Public Safety Act (such as JK PSA)

  3. National Security Act

In this regard, various kinds of modifications are also suggested by the critiques of law, Indian Police Service officers, Indian Administrative Service officers, judges, thinkers and students. All they feel is that this Section imbibed in the Constitution of India should be repealed as it displays the thinking of colonial era and if it is not repealed then it should be subject to some kind of modifications. One such modification presented by a student was that, the section should only apply when:

  1. The offender is in position of the authority.

  2. The offending or inciting words are understood in the same context as it has been spoken and not in any other context.

  3. Lastly, that act of speaking should have the tendency or capacity to actually cause violence. It should not be just merely based on the doubt.

Therefore, there are many things involved in this. If people from all the sections of the society feel that this is an very outdated law and curtails the individual’s right to free speech then it should be given a thought if not direct repealing of the law because what really matters at the end of the day is the freedom which people get in the democracy.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more