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Report No. 156

44. Substitution of new section for section 124: Sedition.-

Do you agree that in view of the holding of the Supreme Court in Kedar Nath Singh v. State of Bihar, 1962 Suppl SCR 808, the following sections be substituted, namely-

"124A. Whoever by words, either spoken or written, or signs, or by visible representations, or otherwise, excites, or attempts to excite, disaffection towards the Constitution, or the Government or Parliament of India, or the Government or Legislature of any State, or the administration of justice, as by law established, intending or knowing it to be likely thereby to endanger the integrity or security of India, or of any State, or to cause public disorder, shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to three years, and shall also be liable to fine.

124B. Whoever deliberately insults the Constitution of India or any part thereof, the national flag, the national emblem or the national anthem, by burning, desecration or otherwise, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both"; as recommended by Law Commission in its 42nd Report on Indian Penal Code and clause 48 of The Indian Penal Code (Amendment) Bill, 1978?



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