Indian Penal Code

IN Law and Policy | 18/10/2007

Indian Penal Code, 1860

Section 124A: Sedition

According to the section of IPC , anyone who by words or expression of any kind brings or attempts to bring or provoke a feeling of hatred, contempt, or disaffection towards government established by law is culpable under the section for imprisonment from 3 years to lifetime with or without fine.

              Essential of the section to held a person guilty is that the publication should have tendency to create public disorder to which the test of reasonable prudence of a general man can be applied.

              The section not at all in any way takes away the right of a person or media to criticise and comment on the government’s administration and policies which is part of freedom of speech and expression enshrined in the constitution Article 19 (1), provided that it does not endanger public safety or any social interest safeguarded by clause (2) of article 19.

   Case Law

 Kedar Nath Singh v. State of Bihar AIR 1962 SC 955

Judges - B P Singh,C.J., S K Das, A K Sarkar, N. Rajagppala Ayyangar, & J R Mudholkar

"The provisions of Ss. 124A and 505 Penal Code are not unconstitutional as being voilative of the fundamental right of freedom of speech and expression under art. 19 (1) (a) of the constitution. The restrictions imposed by the impugned provisions cannot but be said to be in the interest of public order and within the ambit of permissible legislative interference with that fundamental right. (Para 28)  

Section 153A

According to the section whoever by words or expression promotes enmity between different groups of the country on the grounds of religion, race, place of birth, residence, language, or any such grounds or commits an act which is prejudicial to the harmony of he public is culpable under the section with imprisonment which may extend to three years with or without fine. Further, when the offence is committed on any religious place or any place worship the imprisonment can extend to 5 years with or without fine. The offence is non-bailable and even cognizable (after 1898) ie. Police can arrest a person under the section without warrant.     

Case Law: Babu Rao Patel v. The State (

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