A person is entitled to his opinions, such as feelings of disaffection disloyalty towards the ruling government. Such opinions become seditious when he does something in furtherance of such feelings through words, either spoken or written, or by visual representations.
Sedition in itself is comprehensive term, and it embraces all those practices, whether by word, deed, or writing, which are calculated to disturb the tranquility of the State, and lead ignorant persons to endeavor to subvert the
Government and laws of the country. The objects of sedition generally are to induce discontent and insurrection, and stir up opposition to the Government, and bring the administration of justice into contempt; and the very tendency of sedition is to incite the people to insurrection and rebellion.2
The gist of the offence of ‘sedition’ is incitement to violence or the tendency or the intention to create public disorder by words spoken or written, which have the te3ndency or the effect of bringing the Government established by law into hatred or contempt or creating disaffection in the sense of disloyalty to the
State.4
Section 124A of IPC
“124A. Sedition- Whoever, by 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.”
In simpler words, sedition is an act by any person who incites disaffection against the Government of India by words or any kind of visual representation. A plain reading of the section would show that its application would
be attracted only when the accused brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the government established by law in India, by words either spoken or written or visible signs or representations etc.5 But the section has taken care to indicate clearly that strong words used to express disapprobation of the measures of Government with a view to their improvement or alteration by lawful means would not come within the section. Similarly, comments, however strongly worded, expressing disapprobation of actions of the Government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence, would not be penal. In other words, disloyalty to Government
established by law is not the same thing as commenting in strong terms upon the measures or acts of Government, or its agencies, so as to ameliorate the condition of the people or to secure the cancellation or alteration of those acts or measures by lawful means, that is to say, without exciting those feelings of enmity and disloyalty which imply excitement to public disorder or the use of violence.6
