Table of Contents
Is Section 124A constitutional?
It was decided in a landmark judgment of Kedar Nath v. State of Bihar (1962), that Section 124A was constitutionally valid.
What is Article 124A of Indian Constitution?
Section 124A of the Indian Penal Code, 1860, says that if an individual either by spoken, signs or even by representation does an act which held to be contemptuous towards the Government of India is said to have committed the offence of Sedition which is punishable under Section 124A of IPC, 1860.
Is Section 124A bailable or not?
IPC 124A is a Non-Bailable offence.
When was section 124A introduced?
1870
The sedition law which is enshrined in Section 124A of the Indian Penal Code (IPS) was introduced by the British government in 1870 to tackle dissent against colonial rule.
What is Section 124A Upsc?
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.
What is an act of sedition?
Sedition is a serious felony punishable by fines and up to 20 years in prison and it refers to the act of inciting revolt or violence against a lawful authority with the goal of destroying or overthrowing it. The following provides an overview of this particular crime against the government, with historical references.
What does sedition mean in law?
Sedition is language intended to incite insurrection against the governing authority.
Is sedition a crime in India?
Section 124A of the Indian Penal Code lays down the punishment for sedition. Sedition was made a cognizable offence for the first time in history in India during the tenure of Prime Minister Indira Gandhi in 1973, that is, arrest without a warrant was now permissible.
How is sedition punishable?
What is sedition law?
Explanation 2. —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. Explanation 3.
Is sedition punishable by law?
What are the ingredients U/S 124A constitute sedition?
The following ingredients u/s 124A constitute sedition:- 1 “Bringing or attempting to bring into hatred; 2 Exciting or attempting to excite disaffection against the Government of India; 3 Such act or attempt may be done (a) by words, either spoken or written, or (b) by signs, or (c) by visible… 4 The act must be intentional.” [26] More
What is the history of Section 124A?
Section 124A defines the offence of sedition. The section has had a chequered career and a historical genesis would reveal the various changes it has undergone through legislative amendments and judicial interpretation. [1] This section corresponded to section 13 of Marclay’s Draft Penal Code, 1837.
Is Section 124A of IPC intra vires of the Constitution?
The Supreme Court in Kedarnath v State of Bihar [5] ruled that section 124A, IPC to be intra vires of the Constitution. The Court held that any law which is enacted in the interest of public order may be saved from the vice of constitutional invalidity.
When was Section 124A of the Indian Penal Code amended?
IPC Amendment Act of 1898 – It made amendments to the changes brought through the Penal Code in 1870. The current Section 124A is said to be similar to the amendments made to it in 1898 with few omissions made in 1937, 1948, 1950, and by Part B States (Law) Act, 1951.