CrPC Section 108: Security for Good Behaviour – Disseminating Seditious Matters

1. State the code

Section 108 of the Code of Criminal Procedure, 1973 (CrPC) states:

“Whoever, with the intention of causing, or knowing that he is likely to cause, fear or alarm to the public, or any section of the public, or to incite any person to commit an offence against the State or against the public tranquility, publishes or circulates any matter which is seditious, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.”

2. Explain it

This section deals with the offense of disseminating seditious matter. It essentially criminalizes the act of publishing or circulating any content that:

• Is intended to cause fear or alarm among the public or any section of the public.
• Is intended to incite individuals to commit offenses against the state or public tranquility.

The content, however, needs to be “seditious” in nature. Sedition is defined in Section 124A of the Indian Penal Code (IPC) as the act of inciting disaffection towards the Government established by law in India.

3. Illustrate it

For example, publishing a pamphlet that contains inflammatory language promoting violence against a particular religious group or advocating for the overthrow of the Indian government through illegal means would be considered disseminating seditious matter under Section 108 of the CrPC.

4. Common Questions and Answers

Q1: What is the difference between Section 108 of CrPC and Section 124A of IPC?

A1: Section 124A of IPC defines sedition and outlines the offense, while Section 108 of CrPC deals with the act of disseminating seditious matter with the intent to cause fear or incite violence. Both sections work in conjunction to address the issue of seditious content.

Q2: Is it necessary for the content to actually incite violence for it to be considered seditious under Section 108 of CrPC?

A2: No, it is not. The intention or likelihood of causing fear or alarm or inciting violence is sufficient to constitute an offense under Section 108. The actual occurrence of violence is not a prerequisite for prosecution.

Q3: What are the punishments for violating Section 108 of CrPC?

A3: The punishment for violating Section 108 is imprisonment up to three years, a fine, or both.