KEDAR NATH SINGH versus STATE OF BIHAR

KEDAR NATH SINGH versus STATE OF BIHAR

Section 124A IPC, when interpreted to apply only to acts involving intention or tendency to create disorder, disturbance of law and order, or incitement to violence, is constitutionally valid as a reasonable restriction under Article 19(2). The section must be construed in this manner to uphold its validity.

Parties
Appellant: Kedar Nath Singh; Respondent: State of Bihar; Appellant: C. B. Agarwala; Respondent: Gopal Bihari; Attorney General: S. P. Verma
Jurisdiction
India
Judgment Date
20 January 1962
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgments of Patna and Allahabad High Courts
Outcome
Criminal Appeal No. 169 of 1957 dismissed; Criminal Appeals Nos. 124-126 of 1958 allowed and remanded.
Legal Topics
Sedition, Freedom of Speech, Constitutionality of Penal Code Provisions
Criminal Law Constitutional Law Sedition Freedom of Speech Constitutionality of Penal Code Provisions

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Parties

Kedar Nath Singh

Appellant

State of Bihar

Respondent

C. B. Agarwala

Appellant

Gopal Bihari

Respondent

S. P. Verma

Attorney General

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgments of Patna and Allahabad High Courts

Legal Issues

  1. 1 Whether sections 124A and 505 of Indian Penal Code are void in view of Article 19(1)(a) of the Constitution
  2. 2 Whether section 124A imposes reasonable restrictions in the interest of public order

Ratio Decidendi

Section 124A IPC, when interpreted to apply only to acts involving intention or tendency to create disorder, disturbance of law and order, or incitement to violence, is constitutionally valid as a reasonable restriction under Article 19(2). The section must be construed in this manner to uphold its validity.

Court Disposition

Criminal Appeal No. 169 of 1957 dismissed; Criminal Appeals Nos. 124-126 of 1958 allowed and remanded.

Orders

  • Appeal No. 169 of 1957 dismissed.
  • Appeals Nos. 124 to 126 of 1958 allowed and remanded to High Court for orders as per Supreme Court's interpretation.