Section 124A of the Indian Penal Code

rdf:langString Section 124A of the Indian Penal Code

rdf:langString right

rdf:langString Section 124A. Exciting disaffection Whoever by words, either spoken or intended to be read, or by signs, or by visible representation, or otherwise, excites, or attempts to excite, feelings of disaffection to the Government established by law in British India, shall be punished with transportation for life or for any term, to which fine may be added, or with imprisonment for a term which may extend to three years, to which fine may be added, or with fine. :Explanation: Such a disapprobation of the measures of the Government as is compatible with a disposition to render obedience to the lawful authority of the Government, and to support the lawful authority, of the Government, against unlawful attempts to subvert or resist that authority, is not disaffection. therefore, the making of comments on the methods of the Government, with the intention of against unlawful a exciting only this species of disapprobation, is not an offence within this clause.

rdf:langString Historical text

rdf:langString Section 124A of the Indian Penal Code lays down the punishment for sedition. The Indian Penal Code was enacted in 1860, under the British Raj. Section 124A forms part of Chapter VI of the Code which deals with offences against the state. Chapter VI comprises sections from 121 to 130, wherein section 121A and 124A were introduced in 1870. The then British government of India feared that the Khilafat movement on the Indian subcontinent would wage a war against them. Particularly after the successful suppression of Wahabi/Waliullah Movement, the need was felt for such a law. Throughout the Raj, the section was used to suppress political dissent in favour of independence, including Lokmanya Tilak and Mahatma Gandhi, both of whom were found guilty and imprisoned. The section kept drawing criticism in the independent India as well for being a hindrance to free speech. Sedition was made a cognisable offence for the first time in history in India, during the tenure of PM Indira Gandhi in 1973, that is, arrest without a police warrant was now permissible. In 1962 the Supreme Court of India interpreted the section to apply only if there is, say, "incitement to violence" or "overthrowing a democratically elected government through violent means". As of 11 May 2022 This law has been put on temporary hold by Supreme Court of India citing re-examination.