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january 1962

Supreme Court of India · 1962-01-20

KEDAR NATH SINGH vs STATE OF BIHAR

Citation / case number
SC 1957/60183
Court
Supreme Court of India
Petitioner
KEDAR NATH SINGH
Respondent
STATE OF BIHAR
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court upheld the constitutionality of Section 124A of the Indian Penal Code, which penalizes sedition, affirming that the restrictions on freedom of speech under Article 19(1)(a) are justified in the interest of public order as per Article 19(2). The Court resolved the conflict between the Federal Court and the Privy Council regarding the interpretation of sedition, favoring a construction that limits its application to acts with the intention to incite disorder. The Court followed the precedent set in Niharendu Dutt Majumdar v. King Emperor and distinguished it from other cases, thereby affirming the validity of Section 505 IPC as well.

KEDAR NATH SINGH vs STATE OF BIHAR · Niyam