[feb] Sedition

Question 1

statutory backup?

Answer 1

Section 124A -> 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, shall be punished with impris­onment which may extend to three years, to which fine may be added.
[BASICALLY PUBLIC ORDER TODNE,GOVERNMENT VIRUDDH BHADKAVANE ETC.]

Question 2

Related cases?

Answer 2

1.Kedar Nath Singh v/s State of Bihar (1962)
-Supreme Court upheld the constitutional validity of
sedition -> says it’s reasonable restriction of 19(2)

2.Bombay HC ,Aseem trivedi cartoonist case-> issued guidelines
-objective evaluation of the material ki tyane kharach
public disorder tayar hotiy ka asa
-police are also required to obtain a legal opinion in
writing from a law officer of the district

Question 3

An effect-based test followed in western world?

Answer 3

effect-based test which examines the effects of the seditious text rather than a content-based test which reviews the text alone.