Supreme Court of India (Constitution Bench)

Kedar Nath Singh v State of Bihar

1962 INSC 1619621 min read
The case in brief30-second read
Facts
The appellant was convicted of sedition under S.124A IPC for a speech attacking the government. The validity of S.124A and S.505 was challenged under Art.19(1)(a).
Issue
Whether S.124A IPC is constitutionally valid.
Held
Ss.124A and 505 are valid, but S.124A is confined to words that incite violence or tend to create public disorder. Strong criticism of the government or its measures, without such tendency, is not sedition.
Principle
Sedition is valid only when read down to speech that incites violence or public disorder.

Facts

  • The appellant was convicted of sedition under S.124A IPC for a speech attacking the government. The validity of S.124A and S.505 was challenged under Art.19(1)(a).

Issue

  1. Whether S.124A IPC is constitutionally valid.

Held

  • Ss.124A and 505 are valid, but S.124A is confined to words that incite violence or tend to create public disorder. Strong criticism of the government or its measures, without such tendency, is not sedition.

Cite this

Citation

Kedar Nath Singh v State of Bihar 1962 INSC 16

Reported: https://indiankanoon.org/doc/111867/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.