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Principle : Whoever by words, either spoken or written 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. However, 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.
Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.
  • a)
    The professor has committed the offence
  • b)
    The professor has not committed any offence
  • c)
    The student of law has committed the offence
  • d)
    The crowd has committed an offence
Correct answer is option 'B'. Can you explain this answer?
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Explanation:

Professor's Comment:
- The renowned professor wrote a critical comment on the economic policies of the Government of India, which falls under expressing disapprobation of the government's actions.
- As per the principle, comments expressing disapprobation of the government's actions without inciting hatred, contempt, or disaffection do not constitute an offence.
- Therefore, the professor has not committed any offence by writing the critical comment.

Student of Law's Post:
- The student of law asked fellow Indians to assemble for a peaceful and silent demonstration against the economic policies, which is a form of expression protected under the right to peaceful assembly and freedom of speech.
- However, if the student incited the crowd to shout antigovernment slogans, then it could be considered as attempting to bring hatred or disaffection towards the government, which may be an offence.

Crowd's Actions:
- The crowd assembled at the venue and started shouting antigovernment slogans, which could be seen as trying to bring hatred or contempt towards the government.
- As per the principle, inciting disaffection towards the government through words can lead to punishment.
- Therefore, the crowd's actions may be considered an offence.
In conclusion, the professor has not committed any offence by writing a critical comment, while the student of law and the crowd's actions may be subject to scrutiny under the law.
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Community Answer
Principle : Whoever by words, either spoken or written brings or attem...
Because according to fundamental rights of citizen as right to express, the person can express his or her view
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Directions: Read the following passage and answer the question.During the course of a lecture, Supreme Court (SC) judge Justice Deepak Gupta, remarked that the time had come to reconsider the law of sedition. Highlighting a number of recent examples, he observed that the law of sedition "is more often abused and misused", and that "freedom of expression being a constitutional right must get primacy over the laws of sedition".Justice Gupta's observations are a significant intervention in the ongoing debate about the utility of the sedition law in India of 20192019. As Justice Gupta correctly noted in his lecture, sedition is - of course - of colonial origin. The British regime enacted it in order to suppress political and cultural dissent, and many of the most famous figures of the freedom struggle - including Gandhi - were sent to jail on charges of sedition. The very text of the sedition law reflects its colonial provenance. In prohibiting "disaffection", "contempt" or "hatred" against the government, it effectively requires citizens to love their rulers - or, at least, to not make their dislike publicly known. It was for this reason that there was a fierce debate about sedition in the Constituent Assembly. Attempts to include it as a specific restriction upon the freedom of speech were defeated, and Jawaharlal Nehru himself went on to promise that the government would soon get rid of it. However, the government didn't, and in 19621962, the SC upheld the constitutional validity of sedition. The court held that penalising sedition was a reasonable restriction upon the freedom of speech - however, only if the words of the provision themselves were given a narrow meaning. In other words, it wasn't enough to just spread "disaffection" against the government, but to do so in a manner that incited violence or public disorder. In the five-and-a-half decades since that judgment, the SC has refined the test further, noting that the link between speech and public disorder must be like that of a "spark in a powder keg", and that it must constitute an incitement to "imminent" lawless action.The problem, however, is that there remains a massive gap between the words of the sedition law — "disaffection", "contempt", and "hatred" - and the interpretation placed upon it by the Supreme Court - incitement to imminent lawless action. An ordinary person who simply looks at the text of the law is unlikely to divine that what it actually requires is incitement to public disorder. It is this gap that has allowed the law of sedition to be used as a political tool. As Justice Gupta also pointed out in his lecture, sedition is a cognizable offence, which means that the police can arrest an accused without the need for a judicial warrant. This allows for the deprivation of personal liberty with great ease; so while there are very few convictions for sedition, the provision's broad wording facilitates - to use an old cliche - "the process being the punishment".Keeping this in mind, and the fact that we already have laws to penalise and punish people who call for and incite violence, Justice Gupta's call to relook at, and review, the sedition law must be heeded. The real bite of the sedition law is in its broad wording. Terms like "disaffection" and "contempt" can be stretched to mean just about anything, enabling, for instance, prosecuting 7,0007,000 farmers for protesting against a nuclear power plant (as happened a few years ago). But it is this precise broad wording - with its colonial rationale of insulating the government from the citizen - that is contrary to the Constitution, and the precise reason why the SC has given it a narrow (and almost unrecognisabl e) meaning. As events have shown, however, the gap between the law and its judicial interpretation has become so wide that there can be no interpretive bridge that will adequately protect liberty; this being the case, the Supreme Court will, hopefully, reconsider its 19621962 decision, and strike down the law of sedition as being unconstitutional. This will be the greatest tribute to Gandhi.Q. Which gap has allowed the law of sedition to be used as a political tool?

Directions: The question consists of two statements, one labelled as Principle and the other as Facts. You are to examine the principle and apply it to the given facts carefully and select the best option.Principle: Whoever, by words, or by signs, or otherwise brings or attempts to bring into hatred or contempt or excites disaffection towards the Government established by law in India shall be punished with imprisonment for sedition.Facts: X made the following two statements at a public gathering:I. This is a government of scoundrels, bootleggers, fools and throw them out this time by voting against them. They don't deserve to be in power.II. Kill all those corrupts and rascals who are running this nation, whether they are leaders of the ruling party or the government servants, come help me to clean this nation from these evils.DECIDE.

Circumstantial evidence is unrelated facts that, when considered together, can be used to infer a conclusion about something unknown. Information and testimony presented by a party in a civil or criminal action that permit conclusions that indirectly establish the existence or nonexistence of a fact or event that the party seeks to prove. Circumstantial evidence is not considered to be proof that something happened, but it is often useful as a guide for further investigation.Circumstantial evidence is used in criminal courts to establish guilt or innocence through reasoning. They also play an important role in civil courts to establish or deny liability. Circumstantial evidence is also known as indirect evidence. Circumstantial evidence is usually a theory, supported by a significant quantity of corroborating evidence. The distinction between direct and circumstantial evidence is important because, with the obvious exceptions that nearly all criminals are careful to not generate direct evidence and try to avoid demonstrating criminal intent. Therefore, to prove the mens rea levels of ""purposely"" or ""knowingly,"" the prosecution must usually resort to circumstantial evidence.Trimukh Maroti Kirkan v. State of Maharashtra, where the principle was held that, “in a case based on circumstantial evidence is that the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established; that those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused; that the circumstances taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the Accused and they should be incapable of explanation on any hypothesis other than that of the guilt of the Accused and inconsistent with their innocence.”It is an established principle in law that if police retrieved stolen goods from the house of a suspect, although it establishes that the suspect is in possession of the stolen goods, it does not necessarily establish guilt or the fact that he must have stolen the goods. Q. Recovery of goods from the house of a suspect is a direct or circumstantial evidence?

Circumstantial evidence is unrelated facts that, when considered together, can be used to infer a conclusion about something unknown. Information and testimony presented by a party in a civil or criminal action that permit conclusions that indirectly establish the existence or nonexistence of a fact or event that the party seeks to prove. Circumstantial evidence is not considered to be proof that something happened, but it is often useful as a guide for further investigation. Circumstantial evidence is used in criminal courts to establish guilt or innocence through reasoning. They also play an important role in civil courts to establish or deny liability.Circumstantial evidence is also known as indirect evidence. Circumstantial evidence is usually a theory, supported by a significant quantity of corroborating evidence. The distinction between direct and circumstantial evidence is important because, with the obvious exceptions that nearly all criminals are careful to not generate direct evidence and try to avoid demonstrating criminal intent. Therefore, to prove the mens rea levels of ""purposely"" or ""knowingly,"" the prosecution must usually resort to circumstantial evidence.Trimukh Maroti Kirkan v. State of Maharashtra, where the principle was held that, “in a case based on circumstantial evidence is that the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established; that those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused; that the circumstances taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the Accused and they should be incapable of explanation on any hypothesis other than that of the guilt of the Accused and inconsistent with their innocence.”Q. Body of B was found in the house of A. The onus is upon A to establish that even though the body of the deceased was recovered from his house, his involvement in the crime is negligible. The inmates of the house are also required to provide an explanation. If the defendant fails to provide a viable explanation and fails to establish his innocence, this would form a chain of circumstantial evidence establishing the guilt of the accused. Is this true or false?

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Principle : Whoever by words, either spoken or written 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. However, 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.Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.a)The professor has committed the offenceb)The professor has not committed any offencec)The student of law has committed the offenced)The crowd has committed an offenceCorrect answer is option 'B'. Can you explain this answer?
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Principle : Whoever by words, either spoken or written 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. However, 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.Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.a)The professor has committed the offenceb)The professor has not committed any offencec)The student of law has committed the offenced)The crowd has committed an offenceCorrect answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle : Whoever by words, either spoken or written 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. However, 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.Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.a)The professor has committed the offenceb)The professor has not committed any offencec)The student of law has committed the offenced)The crowd has committed an offenceCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle : Whoever by words, either spoken or written 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. However, 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.Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.a)The professor has committed the offenceb)The professor has not committed any offencec)The student of law has committed the offenced)The crowd has committed an offenceCorrect answer is option 'B'. Can you explain this answer?.
Solutions for Principle : Whoever by words, either spoken or written 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. However, 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.Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.a)The professor has committed the offenceb)The professor has not committed any offencec)The student of law has committed the offenced)The crowd has committed an offenceCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle : Whoever by words, either spoken or written 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. However, 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.Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.a)The professor has committed the offenceb)The professor has not committed any offencec)The student of law has committed the offenced)The crowd has committed an offenceCorrect answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle : Whoever by words, either spoken or written 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. However, 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.Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.a)The professor has committed the offenceb)The professor has not committed any offencec)The student of law has committed the offenced)The crowd has committed an offenceCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for Principle : Whoever by words, either spoken or written 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. However, 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.Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.a)The professor has committed the offenceb)The professor has not committed any offencec)The student of law has committed the offenced)The crowd has committed an offenceCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of Principle : Whoever by words, either spoken or written 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. However, 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.Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.a)The professor has committed the offenceb)The professor has not committed any offencec)The student of law has committed the offenced)The crowd has committed an offenceCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle : Whoever by words, either spoken or written 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. However, 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.Facts : A renowned professor of Economics wrote a critical comment on the economic policies of the Government of India in a National Daily. This piece of writing generated academic debate not only in the print media but also on television and internet. A student of law asked the fellow Indians on a social networking website to assemble at a particular place for peaceful and silent demonstration against the said economic policies on a stipulated date and time. The crowd assembled at that venue and stared shouting antigovernment slogans. Police arrested the professor.a)The professor has committed the offenceb)The professor has not committed any offencec)The student of law has committed the offenced)The crowd has committed an offenceCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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