Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the¹[Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished with ²[imprisonment for life], to which fine may be added, or with imprisonment of either descrip­tion for a term which may extend to seven years, to which fine may be added, or with fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life and fine, or imprisonment for 7 years and fine, or fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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1. Subs. by the A.O. 1950, for “Queen”.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

¹124A. 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. ²[* * *] the Government established by law in ³[India], ⁴[* * *] shall be punished with ⁵[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.

Explanation 1

The expression “disaffection” includes disloyalty and all feelings of enmity.

Explanation 2

Comments expressing disapprobation of 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.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

COMMENTS

Sedition: meaning

The offence of sedition under section 124A is the doing of cer­tain acts which would bring the Government established by law in India into hatred or contempt, or create disaffection against it; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) Supreme Today 127.

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1. Subs. by Act 4 of 1898, sec. 4, for section 124A which had been ins. by Act 27 of 1870, sec. 5.

2. The words “Her Majesty or” omitted by the A.O. 1950. The words “or the Crown Representative ins. after the word “Majesty” by the A.O. 1937 were omitted by the A.O. 1948.

3. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

4 The words “or British Burma” ins. by the A.O. 1937 omitted by the A.O. 1948.

5. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life or any shorter term” (w.e.f. 1-1-1956).

Whoever, with the intention of including or compelling the ¹[President] of India, or the ²[Governor ³[* * *]] of any ⁴[State], ⁵[* * *] ⁶[* * * ] ⁷[* * *] to exercise or refrain from exercising in any manner any of the lawful powers of such ⁸[President] or ²[Governor ³[* * *]],

Assault or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such ⁸[President or ²[Governor ³[* * *]],

Shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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1. Subs. by the A.O. 1950, for “Governor General”.

2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “Governor”.

3. The words “or Rajpramukh” omitted by the A.O. 1956.

4. Subs. by the A.O. 1950, for “Province” which had been subs. by the A.O. 1937, for “Presidency”.

5. The words “or a Lieutenant-Governor” omitted by the A.O. 1937.

6. The words “or a Member of the Council of the Governor General of India” omitted by the A.O. 1948.

7. The words “or of the Council of any Presidency” omitted by the A.O. 1937.

8. The original words “Governor General, Governor, Lieutenant-Governor or Member of Council” have successfully been amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.

Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the¹[Government of India], intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bail­able—Triable by court of Session—Non-compoundable.

1. Subs. by the A.O. 1950, for “Queen”.

Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the ¹[Government of India], shall be punished with²[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, ³[and shall also be liable to fine].

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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1. Subs. by the A.O. 1950, for “Queen”.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

3. Subs. by Act 16 of 1921, sec. 3, for “and shall forfeit all his property”.