Court : Kolkata
Reported in : AIR1950Cal444,54CWN334
..... law of sedition as codified in section 124a, penal code, which then stood as follows :'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 ..... . to authorise the forfeiture of the security of a press because its writings would excite or tend to excite hatred or contempt or disaffection towards a particular party which happens to be the dominant party in the state for the time being may tend to paralyse the press in a democratic country and may lead to the ..... disorder or the reasonable anticipation or likelihood of public disorder was the gist of the offence and the acts or words complained of, to come within section 4 (1) (d), must either incite to disorder or must be such as to satisfy reasonable men that that is their intention or ..... has settled the law and it is not an essential ingredient of the offence that the words or acts complained of must either incite to disorder or must be such as to satisfy reasonable men that that is their tendency ..... remain without treatment and thus hasten their death and deliberately withhold medical treatment from such political prisoners if they are injured by any aggressive action on the part of the prison or police authorities .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1785; 1995(2)Crimes300(SC); 1995(2)SCALE148; (1995)3SCC214; [1995]2SCR411; 1995(1)LC834(SC)
..... 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 - comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.a plain reading of the above section would show that its application would be attracted only ..... the prosecution case that the appellants were either leading a procession or were otherwise raising the slogans with the intention to incite people to create disorder or that the slogans in fact created any law and order problem. ..... tarkunde then submitted that the very fact that both the police witnesses, constable som nath and asi labh singh made unsuccessful effort to conceals that balwant singh was carrying a kirpan, which fact stands established from the evidence of dw1 munshi of the ..... through this appeal under section 14 of the terrorist affected areas (special courts) act, 1984 both of them have challenged their conviction and sentence as recorded by the learned judge of the special court, chandigarh ..... from any other person of the sikh community or reaction from people of other communities, we find it difficult to hold that upon the raising of such casual slogans, a couple of times without any other act whatsoever the charge of sedition can be founded. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad597; (1941)1MLJ464
..... the speech is read as a whole it is difficult to spell out any incitement to attack or to use force against the police, although it might cause disaffection against them. ..... all that can be said with regard to the application of this clause is that the members of the public might possibly be inspired by fear of what the workers would do to them if they joined the police force, if they came to know what was said and took it seriously; but the speech was not likely to have that effect because it was addressed to the workers, who presumably had no intention of becoming ..... petitioner has been convicted under rule 38 of the defence of india rules for having done a prejudicial act and sentenced to imprisonment till the rising of the court and to a fine of rs. 50.2. ..... learned magistrate while saying that there was a prejudicial act, does not say why.11. ..... seems to me that the speech of the petitioner did make him guilty of an offence under section 124-a of the indian penal code for sedition; but it was not a prejudicial act within the meaning of rule 34 (6) (b).5. ..... he suggests that they are acting against the workers in the interests of the ..... learned magistrate has not referred in particular to any of these sub-clauses; but has merely said that the speech of the petitioner is a prejudicial act which is punishable under rule 38 (5). ..... many groups of prejudicial acts are described in this rule, but the learned crown prosecutor relies on sub-clauses (b), (c), (d) and ..... 'prejudicial act' is defined in rule .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP73; 1959CriLJ160
..... point advanced is that all the speeches on which the grounds are based, if read together, or each by itself, at the most would show only some grievance against the government.it is urged that ridiculing or even spreading disaffection against the party government can never be a ground for inferring that the public order will not be maintained and that assuming that one or two of his speeches are against the government, even then ..... tranquillity of the state resulting in several offences of arson loot and murder committed throughout the length and breadth of the state; and how kasim razvi, the leader of the razakar organisation was-after the police action arrested, convicted and sentenced to a long term imprisonment in tile bibi-nager dacoity case and then ittehadul muslemeen became a defunct body during the period when he-was undergoing imprisonment; how khasim razvi ..... state, (s) : air1957all782 (l).we do not think that preaching of violence or open incitement thereto is sine qua non for an order under section 3 of the preventive detention act. ..... petitioner is the son of the detenue, abdul wahed ovaisi, who was taken into oustody on 14-3-1958 under the order dated 13-3-1958 made by the commissioner of police, hyderabad under section 3(1) read with sub-section (2) of the preventive detention act, 1950 (act iv of 1950). ..... commissioner of police greater bombay, : 1957crilj10 (b) it was held that past activities could constitute grounds for detention in future ..... the commissioner of police i.e. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All579
..... active part in unauthorised procession, meetings and picketing organised in defiance of the university authorities and shouted vulgar and offensive slogans to spite the vice chancellor and the registrar, and inciting breach of peace and indiscipline and calculated to cause disaffection and disrespect amongst students and university authorities. ii. ..... the conclusion to which the learned judge came was that the academic council alone was under the banaras hindu university act and the statutes and ordinances, competent to mete out the punishment and that the standing committee which did so was not authorised under the law; hence the resolution awarding- the penalty ..... that in delivering the first and the second charges neither the particular meetings nor the processions with reference to their dates and situation were given in them, nor were the precise acts by which the petitioner was accused of having incited the students to resort to unlawful and anti-university acts recited in detail. ..... 2, i may submit that i never incited any student to resort to unlawful and anti-university act, nor i disturbed the discipline and peace ..... , the vice chancellor passed the following order:'shri rana pratap singh, iv year arts is guilty of serious acts of indiscipline and he is expelled from the university pending the decision of the academic council. ..... of the university was thus not possible and in the end, because law and order was threatened, help of the local authorities and police had to be taken. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal277,121Ind.Cas.749
..... the rule that a man must be taken to intend the natural and reasonable consequences of his act must be applied ; so that if on reading through the articles the reasonable and natural, and probable effect of the articles on the minds of those to whom they are addressed appears to be that feelings of hatred, contempt or disaffection would be excited towards the government, then it is justifiable to say that the articles are ..... but taken in conjunction with the context it appears to me that it contains a threat or incitement and that the meaning intended to be conveyed in that, if the people ceased to be content with mere professions of indignation and adopted more forcible methods, then a few thousand uniformed goondas ..... article taken as a whole clearly refers to the government established by law, that the words 'imperial bullies' occurring therein refer to that government and not to the police, and that the entire article was clearly intended to be an attack upon government, that it was calculated and intended to bring government into hatred and contempt, and to excite disaffection towards it. ..... finally he contended that the warning towards the end of the article was addressed to the police and meant that if they persisted in following such method's, they would instead of saving ..... 'imperial bullies' he argued, referred to the government and not to the police, and the warning at the end was given not to the police, but to the government that, if they continue to employ the methods which .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1967CriLJ1110
..... member of such forces or any public servant to fail in the performance of his duties as such;(d) to prejudice the recruiting of or the attendance of persons for service in, the armed forces of the union or the civil defence service or any police force or fire brigade or any other body of persons entered, enrolled or engaged as public servants;(e) to bring into hatred or contempt, or to excite disaffection towards the government established by law in india;(f) to bring into hatred or contempt, or excite ..... judicial reports, and thereby committed pre-judicial acts likely to cause disaffection among that armed forces, prejudice and interference with the recruitment and the discipline among such forces, bringing them into hatred and contempt and the exciting of disaffection towards the government in general, and of the officers in particular and finally to prejudice the conduct of the military operations ..... prejudicial report means any report, statement or visible representation, whether true or false, which, or the publishing of which is an incitement to the commission of a prejudicial act as defined. ..... basic argument on behalf of state is that in all such cases we have to see the tendency or the 'likelihood' which is the word used in rule 35 of the particular act or report causing any of the undesirable repercussions in the mind of the public. ..... but we have to make it clear that there are prejudicial acts,-highly prejudicial in fact, and subversive of the strength and morale of the armed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1977CriLJ1060
..... that instances have come to light which are detailed in the grounds given below when the petitioner advocated overthrowing by violence the government established by law and promoting and propagating disloyalty and disaffection towards the government among the members of the public, police and armed forces and thereby conducted himself in a manner prejudicial to the maintenance of public order.37. ..... or the non-revocation under subsection (4) of a declaration are based, shall be treated as confidential and shall be deemed to refer to matters of state and to be against the public interest to disclose and save as otherwise provided in this act, no one shall communicate or disclose any such ground, information or material or any document containing such ground, information ox material;(b) no person against whom an order of detention is made under sub-section (1) of section 3 shall be entitled to ..... of these grounds cannot be taken in isolation, as the last part of each of the grounds says that the petitioner incited people to resort to violent agitation in case the prime minister did not step down from office, and that the petitioner appealed to the government employees and the police to join hands with the public defying orders of the govt. ..... that they have been preaching and organising violence and inciting people to take to arms and wage war against ..... the last part of ground 3 stated that the petitioner incited people to resort to violent agitation in case the prime minister did not .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(4)CHN406
..... whether he was kept in segregation and why he wanted to make the confessional statement, that he was not informed that even if he did not make any statement he would not be sent to the police and that he had right to consult his lawyer before making such statement, and (2) the said statement cannot be said to be any confession at all as it is exculpatory and does not disclose any offence.16. ..... 124a are (1) the accused spoke or wrote the words, or made the signs or representations, or did some other acts, in question, (2) he thereby brought or attempted to bring into hatred or contempt; or excited or attempted to excite disaffection, and (3) such disaffection was towards the govt. ..... sekhar basu, learned counsel for the appellants, contended that there is virtually no evidence on the part of any witness implicating yaqub with any overt act done or conspired to be done or that he knew the identity of accused ahmed ali as ramjan and paid him for the purpose for which it would be utilized by accused ahmed ..... basu contended that in the absence of any evidence regarding his participation in the conspiracy or that he had entered into an agreement to do unlawful act or to commit an offence along with other accused persons or that accused ahmed ali received any secret document from him, there was no scope for using the confessional ..... as to limit its application to acts involving intention or tendency to create disorder or disturbance of law and order or incitement to violence, : air1962sc955 . .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3483; 1997(2)ALD(Cri)436; 1997CriLJ4091; 1997(3)Crimes130(SC); JT1997(7)SC272; 1997(5)SCALE399; (1997)7SCC431; [1997]Supp3SCR327
..... acts within the meaning of section 124-a which have the effect of subverting the government by bringing that government into contempt or hatred, or creating disaffection against it, would be within the penal statute because the feeling of disloyalty to the government established by law or enmity to it imports the idea of tendency to public disorder by the use of actual violence or incitement ..... appellant, however, assailed the prosecution case relating to the said revolver and cartridges, on the ground that those articles were not sealed after seizure and were left at the police station for a number of days before they were sent to the forensic science laboratory.20. ..... during the period when series of bomb-blasting occurred in the city of hyderabad the police kept a close watch on the activities of the appellant who was then staying in a room adjacent to masjid-e-niyamat khan-e-ali at mir-ka-daira ..... on 19-1-1994 and after recording his confessional statement the police seized a revolver and two cartridges which were produced by ..... pw-1 was the superintendent of police of hyderabad city zone (cid) ..... any confession made to a police officer is inadmissible in evidence as for these offences and hence it is fairly conceded that the said ban would not wane off in respect of offences under the penal code merely because the ..... by the said contention and we may point out that appellant made no allegation at any stage of the case that the revolver and the cartridges were tampered with by the police. .....
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