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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.
  • a)
    X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.
  • b)
    X is guilty of sedition for having made the statements (i) and (ii).
  • c)
    X is guilty of sedition for making statement (i) only.
  • d)
    X is guilty of sedition for making statement (ii) only.
Correct answer is option 'C'. Can you explain this answer?
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Directions: The question consists of two statements, one labelled as ...
Understanding the Principle of Sedition
The principle of sedition addresses actions that incite hatred or contempt towards the government. In India, this law is designed to protect the integrity of the state and promote civil order.
Analysis of Statements Made by X
- Statement 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."
- This statement expresses strong disapproval of the government but does not incite violence or direct action against the government. It can be seen as an exercise of the right to freedom of speech and expression.
- Statement 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."
- This statement explicitly calls for violent action against individuals in power, suggesting a direct attack on the government and its representatives. It incites hatred and contempt and poses a potential threat to public order.
Conclusion: Guilt of Sedition
Given the analysis:
- For Statement I: While it is critical of the government, it falls within the bounds of free speech and does not constitute sedition.
- For Statement II: This statement crosses the line by advocating for violence against government officials, making X guilty of sedition.
Thus, the correct answer is option 'C': X is guilty of sedition for making statement (ii) only.
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Community Answer
Directions: The question consists of two statements, one labelled as ...
X is guilty of sedition for having made the statement (i) only as it was targeted to the current party in power.
Understatement (ii) he was exercising his fundamental right of freedom of speech and expression.
X is not guilty of Statement (ii) as the principle clearly states "towards the Government established by law". X made a general statement and is not pointing towards any particular government.
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IPC Sec 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 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.The insidiously developing use of technology by the government to create a surveillance security regime to monitor and track communication in India has a dangerous relationship with the retention of statutory offences criminalising political speech. In that, their object is the same – of imposing fundamental restrictions to constitutional freedoms.The explosion of instances in the recent past has gained “a special degree of notoriety” with the othering of human rights activists, university teachers and students and journalists as ‘anti-nationals’. They have been charged with and arrested for the offence of sedition for simply speaking against or criticising governmental action.This has lead to the creation of a state-sanctioned chilling effect on free speech and has sharply re-introduced serious concerns about the political use of the law in clamping down on an individual’s human rights – foremost among them of the right to freedom of speech and expression, encompassing the right to rebel and protest against the government and the policy of the state. The same right(s), which in its broadest formulation remain unquestionably vital for sustaining a resilient and vibrant democratic political process.In this context, despite its apparent initial disposition to broadly interpreting constitutional protections to free speech, the SC in Kedar Nath vs State of Bihar (where the constitutionality of sedition was challenge d) on the first part, did re-state the test of ‘incitement to violence’.However, at the same time – and more importantly – the court also ignored a direct precedent that was laid down in Superintendent, Central Prison, Fatehgarh vs Ram Manohar Lohia, wherein it had formulated a strict test of proximity between speech and consequence to instead harshly reaffirm the speech restrictive standard of mere ‘intention or tendency’ to public disorder for prohibiting speech alleged to be ‘seditious’. The decisions of the SC in Arup Bhuyan vs State of Assam and Shreya Singhal vs Union of India, progress towards establishing a similar test of ‘imminent incitement to lawless action’ for deciding protectable speech, as evolved by the Supreme Court of the United States in Brandenburg vs Ohio.Q. What test did the SC adopt from the case of Brandenburg v Ohio in relation to protection of speech?

IPC Sec 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 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.The insidiously developing use of technology by the government to create a surveillance security regime to monitor and track communication in India has a dangerous relationship with the retention of statutory offences criminalising political speech. In that, their object is the same – of imposing fundamental restrictions to constitutional freedoms.The explosion of instances in the recent past has gained “a special degree of notoriety” with the othering of human rights activists, university teachers and students and journalists as ‘anti-nationals’. They have been charged with and arrested for the offence of sedition for simply speaking against or criticising governmental action.This has lead to the creation of a state-sanctioned chilling effect on free speech and has sharply re-introduced serious concerns about the political use of the law in clamping down on an individual’s human rights – foremost among them of the right to freedom of speech and expression, encompassing the right to rebel and protest against the government and the policy of the state. The same right(s), which in its broadest formulation remain unquestionably vital for sustaining a resilient and vibrant democratic political process.In this context, despite its apparent initial disposition to broadly interpreting constitutional protections to free speech, the SC in Kedar Nath vs State of Bihar (where the constitutionality of sedition was challenge d) on the first part, did re-state the test of ‘incitement to violence’.However, at the same time – and more importantly – the court also ignored a direct precedent that was laid down in Superintendent, Central Prison, Fategarh vs Ram Manohar Lohia, wherein it had formulated a strict test of proximity between speech and consequence to instead harshly reaffirm the speech restrictive standard of mere ‘intention or tendency’ to public disorder for prohibiting speech alleged to be ‘seditious’. The decisions of the SC in Arup Bhuyan vs State of Assam and Shreya Singhal vs Union of India, progress towards establishing a similar test of ‘imminent incitement to lawless action’ for deciding protectable speech, as evolved by the Supreme Court of the United States in Brandenburg vs Ohio.Q. The author is calling for removal of a section which the SC has upheld to be constitutional. Can the author be tried for Sedition for advocating views against the law of the land? Decide.

Directions: Read the following passage and answer the question.The Andhra Pradesh Legislative Assembly has recently passed the Andhra Pradesh Disha Bill, 2019 (now, Andhra Pradesh Criminal Law (Amendment) Act, 2019).Disha is the name given to the veterinarian who was raped and murdered in Hyderabad on 27 November, 2019, sparked an outrage across country.It envisages the completion of investigation in 7 days and trial in 14 working days, where there is adequate conclusive evidence, and reducing total judgment time to 21 days from existing 4 months.The Act also prescribes death penalty for rape crimes where there is adequate conclusive evidence and this provision is given by amending Section 376 of Indian Penal Code (IPC), 1860.In cases of harassment of women through social/digital media, the Act states 2 years imprisonment for first conviction and 4 years imprisonment for second as well as subsequent convictions. As per Section 354D of IPC, stalking is continuously following a woman or contacting her either online or in person, where she has clearly shown she doesnt want the attention. The section makes an exception, if a person is stalking a woman as part of a legal duty to do so.A new Section 354 E will be added in IPC, 1860. It also prescribes life imprisonment for other sexual offences against children and for this purpose includes Section 354 F and 354 G in IPC. The Andhra Pradesh government will now establish, operate and maintain a register in electronic form, to be called Women & Children Offenders Registry. This registry will be made public and will also be available to countrys law enforcement agencies.The state government will also establish exclusive special courts in each district to ensure speedy trial. These courts will exclusively deal with cases of offences against women and children including rape, sexual harassment, acid attacks, social media harassment of women, stalking, voyeurism and all cases under Protection of Children from Sexual Offences (POCSO) Act, 2012.Moreover, the government will also appoint a special public prosecutor for each exclusive special court. The government will constitute special police teams at district level to be called District Special Police Team. It will be headed by DSP for investigation of offences related to women and children.[Extracted, with edits and reviews, from Andhra Assembly passes Disha Bill to award death penalty to rapists within 21 days, news by indiatoday]Q.Rima accused Ramesh, a 40-year-old male, of harassing her via Facebook for the second time. For the first time, Semma accused Ramesh of sexual harassment on WhatsApp. Ramesh was also accused of raping a rural woman, but there was not solid proof to support this accusation. After hearing the case, the court rendered a life sentence. Is the sentence of life in prison legitimate?

Directions: Read the following passage and answer the question.The Andhra Pradesh Legislative Assembly has recently passed the Andhra Pradesh Disha Bill, 2019 (now, Andhra Pradesh Criminal Law (Amendment) Act, 2019).Disha is the name given to the veterinarian who was raped and murdered in Hyderabad on 27 November, 2019, sparked an outrage across country.It envisages the completion of investigation in 7 days and trial in 14 working days, where there is adequate conclusive evidence, and reducing total judgment time to 21 days from existing 4 months.The Act also prescribes death penalty for rape crimes where there is adequate conclusive evidence and this provision is given by amending Section 376 of Indian Penal Code (IPC), 1860.In cases of harassment of women through social/digital media, the Act states 2 years imprisonment for first conviction and 4 years imprisonment for second as well as subsequent convictions. As per Section 354D of IPC, stalking is continuously following a woman or contacting her either online or in person, where she has clearly shown she doesnt want the attention. The section makes an exception, if a person is stalking a woman as part of a legal duty to do so.A new Section 354 E will be added in IPC, 1860. It also prescribes life imprisonment for other sexual offences against children and for this purpose includes Section 354 F and 354 G in IPC. The Andhra Pradesh government will now establish, operate and maintain a register in electronic form, to be called Women & Children Offenders Registry. This registry will be made public and will also be available to countrys law enforcement agencies.The state government will also establish exclusive special courts in each district to ensure speedy trial. These courts will exclusively deal with cases of offences against women and children including rape, sexual harassment, acid attacks, social media harassment of women, stalking, voyeurism and all cases under Protection of Children from Sexual Offences (POCSO) Act, 2012.Moreover, the government will also appoint a special public prosecutor for each exclusive special court. The government will constitute special police teams at district level to be called District Special Police Team. It will be headed by DSP for investigation of offences related to women and children.[Extracted, with edits and reviews, from Andhra Assembly passes Disha Bill to award death penalty to rapists within 21 days, news by indiatoday]Q.Is the verdict of a 2-year prison sentence for Naman, who had been monitoring Shrutis emails, phone messages, and WhatsApp messages while tracking an arms shipment for a month, and against whom Shruti filed a complaint under Section 354 D of IPC, considered valid?

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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.a)X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.b)X is guilty of sedition for having made the statements (i) and (ii).c)X is guilty of sedition for making statement (i) only.d)X is guilty of sedition for making statement (ii) only.Correct answer is option 'C'. Can you explain this answer?
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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.a)X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.b)X is guilty of sedition for having made the statements (i) and (ii).c)X is guilty of sedition for making statement (i) only.d)X is guilty of sedition for making statement (ii) only.Correct answer is option 'C'. 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 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.a)X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.b)X is guilty of sedition for having made the statements (i) and (ii).c)X is guilty of sedition for making statement (i) only.d)X is guilty of sedition for making statement (ii) only.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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.a)X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.b)X is guilty of sedition for having made the statements (i) and (ii).c)X is guilty of sedition for making statement (i) only.d)X is guilty of sedition for making statement (ii) only.Correct answer is option 'C'. Can you explain this answer?.
Solutions for 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.a)X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.b)X is guilty of sedition for having made the statements (i) and (ii).c)X is guilty of sedition for making statement (i) only.d)X is guilty of sedition for making statement (ii) only.Correct answer is option 'C'. 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 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.a)X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.b)X is guilty of sedition for having made the statements (i) and (ii).c)X is guilty of sedition for making statement (i) only.d)X is guilty of sedition for making statement (ii) only.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of 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.a)X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.b)X is guilty of sedition for having made the statements (i) and (ii).c)X is guilty of sedition for making statement (i) only.d)X is guilty of sedition for making statement (ii) only.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for 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.a)X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.b)X is guilty of sedition for having made the statements (i) and (ii).c)X is guilty of sedition for making statement (i) only.d)X is guilty of sedition for making statement (ii) only.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of 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.a)X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.b)X is guilty of sedition for having made the statements (i) and (ii).c)X is guilty of sedition for making statement (i) only.d)X is guilty of sedition for making statement (ii) only.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice 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.a)X is not guilty of sedition for having made the statements (i) and (ii) as he was exercising his fundamental right of freedom of speech and expression.b)X is guilty of sedition for having made the statements (i) and (ii).c)X is guilty of sedition for making statement (i) only.d)X is guilty of sedition for making statement (ii) only.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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