A cartoonist publishes a cartoon sharply criticising a policy of the Government, with a view to getting…

Section 152 of the Bharatiya Nyaya Sanhita, 2023 (which took the place of sedition under s.124A IPC) punishes whoever, purposely or knowingly, by words, signs, visible representation, electronic communication, use of financial means or otherwise, excites or attempts to excite secession, armed rebellion or subversive activities, encourages feelings of separatist activities, or endangers the sovereignty or unity and integrity of India. Its Explanation provides that comments expressing disapprobation of the measures, or administrative or other action, of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite those activities, do not constitute an offence. The cartoonist therefore commits no offence.

Causing disaffection towards the Government is not an ingredient of section 152. The reference to visible representation only describes a possible means; the act must still excite or attempt to excite the activities named in the section. Where the offence is made out, the punishment is imprisonment for life or imprisonment up to seven years, and fine, not fine only.