BALWANT SINGH AND ANR versus STATE OF PUNJAB

BALWANT SINGH AND ANR versus STATE OF PUNJAB

The facts and circumstances do not establish disturbance, semblance of disturbance, or mens rea; casual raising of slogans did not constitute any threat to government nor give rise to feelings of enmity or hatred. Sections 124A and 153A IPC are not attracted.

Parties
Appellant: Balwant Singh; Appellant: Bhupinder Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
01 March 1995
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From Special Court Judgment
Outcome
Appeal allowed; conviction and sentence set aside.
Legal Topics
Sedition, Promotion of Enmity Between Groups, Indian Penal Code Section 124 a, Indian Penal Code Section 153 a
Criminal Law Sedition Promotion of Enmity Between Groups Indian Penal Code Section 124 a Indian Penal Code Section 153 a

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Parties

Balwant Singh

Appellant

Bhupinder Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From Special Court Judgment

Legal Issues

  1. 1 Whether casual raising of slogans constitutes offence under Sections 124A and 153A of IPC
  2. 2 Whether prosecution established offence beyond reasonable doubt

Ratio Decidendi

The facts and circumstances do not establish disturbance, semblance of disturbance, or mens rea; casual raising of slogans did not constitute any threat to government nor give rise to feelings of enmity or hatred. Sections 124A and 153A IPC are not attracted.

Court Disposition

Appeal allowed; conviction and sentence set aside.

Orders

  • Conviction and sentence of appellants under Sections 124A and 153A IPC set aside.
  • Appellants' bail bonds discharged.