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Legal Point: Does Questioning The Government Leads To Arrest?

Legal Point: Does Questioning The Government Leads To Arrest?

Many citizens are in the opinion that in a democracy anyone can criticize the government in any degree or in any language. This is because of the ignorance of law and certain sections of Indian Penal Code. 

Raghurama Krishnam Raju was arrested under the sections of Sedition and some sections of people innocently questioned on social media, “Is questioning and criticizing the government leads to arrest?”

Some have gone to the extent of calling it a tyranny on the Freedom of Expression, the Fundamental Right in Indian Constitution. 

But the point is, the sections in Penal Code have clearly mentioned the approach to question and criticize the government and the way to show disappointment on the functioning of the government. 

Let us read what the Section 124A of Indian Penal Code says.  

124A. 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 the Government estab¬lished by law shall be punished with im¬prisonment for life, to which fine may be added, or with impris¬onment which may extend to three years, to which fine may be added. 

Explanation 1. — The expression “disaffection” includes disloyalty and all feelings of enmity. 

Explanation 2. — Comments expressing disapprobation of the meas¬ures 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 admin¬istrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

So, it can be understood how clearly Mr Raju’s videos against the government come under 124(A) and Explanaition-1 as mentioned above. 

The actual approach to address the issues pertaining to the government and its people is implied in Explanation-2 and 3.

This is a fundamental legal point to be learned by all the netizens while posting anything on social media to avoid any cases under Sedition.

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