2. Seditious Offences

So far, we have considered "Public Violence" as an aggravation of some other offences. We must now say a few words about it as constituting an offence in itself. Section 66 lays down:

"The individuals assembled together as provided in Section 63 (i.e., to the number of three or more with intent to commit an offence, two at least carrying weapons) shall, for the mere fact of so assembling, be liable to the punishment of imprisonment from one to three months."

From this it is clear that this offence is constituted and is completed by the mere act of the assembling of three or more persons under the said circumstances and it is not necessary that any attempt of the offence had in view should have been committed. The law considers the mere combination itself as an offence "sui generis" apart from any execution or inception of the further offence which the associates intended to commit; for the mere existence of such association as soon as it takes place by overt acts constitutes a menace and a danger to public order and requires so to say to be nipped in the bud. This sanction is not a measure only of repression but also a measure of prevention.

“Sedition” in English Law, whether by words spoken or written, or by conduct is a misdemeanour at Common Law, punishable by fine and imprisonment. It embraces all those practices, whether by word, deed or writing, which fall short of high treason, but directly tend or have for their object to excite discontent or dissatisfaction: to excite ill-will between different classes of the King's subjects: to create public disturbance, or to lead to Civil War: to bring into hatred or contempt the Sovereign or the Government, the laws or constitution of the realm and generally all endeavours to promote public disorder; or to incite people to unlawful associations or assemblies, insurrections, breaches of the peace, or forcible obstruction of the execution of the law or to use any form of physical force in any public matter connected with the state"33 .

33 Archbold, “Pleading, Evidence and Practice in Criminal Case”, 28th Edition, pg. 1139