As a citizen, you have a right to write (newspaper, periodicals etc.) whatever you like about the Government, or its measures, by way of criticism or comment, so long as you do not incite people to violence against the Government or don’t do with an intent of creating public disorder. Authorship, distribution and circulation are parts of an act of sedition. However, just doing one of these acts may not amount to sedition. 1 It is decided by the Court on a case-by-case basis. If these actions result in public disorder or violence among the people, then those responsible for it would be held liable.
Example: If Mr X, was found in possession of or distributing pamphlets, booklets and letters which discussed a Naxalite organization using violence and guerilla force to fight with the Government, then he is guilty of an act of sedition. These documents themselves show that they are the documents prepared to excite disaffection towards the Government.0
- Romesh Thappar v. State of Madras, A.I.R. 1950 S.C. 124.; Raghubir Singh v. State of Bihar, A.I.R. 1986 S.C. 508.