Under IPC 124A, whoever by words either spoken or written brings hatred towards a government established by law in India is an offender under

Under IPC 124A, whoever by words either spoken or written brings hatred towards a government established by law in India is an offender under Correct Answer Sedition

 

Section 124A of the Indian Penal Code (IPC), which deals with sedition, was drafted by Thomas Babington Macaulay and included in the IPC in 1870.

  • Section 124A of the IPC, which deals with sedition, states, "Whoever, words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine."
  • Sedition is a non-bailable offence. Punishment under the law varies from imprisonment up to three years to a life term and fine.
  • A person charged under this law can't apply for a government job. They have to live without their passport and must present themselves in the court as and when required.

Freedom of speech and expression

  • Article 19 in the Indian constitution gives us the freedom of speech and expression 
  • the fundamental right to freedom of speech and expression gives its citizens the right to express his views. 
  • All the fundamental rights are enshrined in Part III of the Constitution of India.
  • The Right of freedom of Speech and Expression implies that every citizen has the right to express his views, opinions, belief, and convictions freely by mouth, writing, printing, or through any other methods.
  • The supreme court held the freedom of Speech and Expression includes the protection of certain rights regarding freedom of speech etc.

Contempt of legislature:

  • The ‘disobedience to the authority of the Houses of Parliament or other legislative body’ is termed as the Contempt of the House. 
  • It is an offence against the dignity of Parliament for; any act of showing disrespect for the authority or dignity of a legislature by disobedience or disorderly conduct, willful disregard of the authority of a Legislature; contravention of any rules of either House, etc.
  • Any misconduct in the presence of the House or any of its Committees by members of Parliament or by members of the public admitted to the galleries of the House or to sittings of Committees as witnesses constitute contempt of the House.
  • Acts like interrupting the proceedings of the House, refusal by a witness to make an oath, giving false evidence, presenting false, forged or fabricated documents to either House or its Committee also constitutes contempt of the House.

Defamation:

  • Defamation is one of the most common types of cases that are filed in the courts of law around the world.
  • Anyone who feels he or she has been wrongly accused of something by someone in public, through words or gestures, spoken, written, or by inference can file a defamation suit in a court of law claiming that the accusation leveled deals a blow to his/her reputation.
  • Defamation is generally leveled by those who have a public image, such as celebrities, renowned writers or journalists, people holding high offices, eminent professionals, etc.
  • There are two types of defamation in India: Civil and Criminal.
    • In civil defamation, a person who is defamed can move either High Court or subordinate courts and seek damages in the form of monetary compensation. There is no punishment in the form of a jail sentence.
    • In criminal defamation, the person against whom a defamation case is filed might be sentenced to two years’ imprisonment or fined or both.

Hence, Under IPC 124A, whoever by words either spoken or written brings hatred towards a government established by law in India is an offender under Sedition.

Related Questions

A pamphlet invokes the reader to join a total and violent struggle to bring about a revolution. The author is prosecuted for sedition under Section 124A of IPC. The Penal provision and proceeding there under are challenged by the author as violative of his fundamental right to freedom of speech and expression. Is the challenge legally tenable?
Whoever by words attempts to excite disaffection towards government established by law, commits the offence of:
Read the passage carefully and choose the best answer to each question out of the four alternatives.
Doing an internship at the University of Lille in France, I almost always found myself stuck whenever I had to speak to non-Indians about India or on anything'Indian'. This was more because of the subtle differences in the way the French understood India in comparison to what I thought was 'Indian'. For instance, when I,or any Indian for that matter, say 'Hindi' is an Indian language, what it means is that it is one of the languages widely spoken in India. This need not be similar tothe understanding that the French would have when they hear of 'Hindi' as an Indian language. Because for them Hindi then becomes the only language spoken inIndia. This is a natural inference that the French, Germans, Italians and many other European nationals would tend to make, because that is generally how it is intheir own respective countries. The risk of such inappropriate generalisations made about 'Indian' is not restricted to language alone but also for India's landscape,cuisine, movies, music, climate, economic development and even political ideologies. The magnitude of diversity of one European country can be easily compared tothat of one of the Indian State, isn't it? Can they imagine that India is one country whose diversity can be equated to that of the entire European continent? Theonus is upon us to go ahead and clarify the nuances in 'Indianness' while we converse. But why should one do so? How does it even matter to clarify? What wrong with respect to India are the Europeans responsible for?