Opinion Number. 1527

Subject

seditious publications prohibition of publication of literature in which a seditious intention is expressed: ‘league against imperialism’ and ‘Meerut conspiracy trial’: meaning of ‘sedition’: whether publications are expressive of intention to excite disaffection against Government or Constitution of one of King’s Dominions, namely India

Key Legislation

CRIMES ACT 1914 s 24A

Date
Client
The Acting Comptroller-General of Customs

The Acting Comptroller-General of Customs has forwarded to me copies of publications ‘League Against Imperialism’ and ‘Meerut Conspiracy Trial’ and requests advice as to whether the publications come within the scope of the prohibited literature proclamation of 28th July, 1932.

The Proclamation prohibits literature in which a seditious intention is expressed.

Section 24A of the Crimes Act defines a seditious intention as an intention to effect any of the following purposes:

  1. 1. …
  2. (b) to excite disaffection against … the Government … of the United Kingdom …

    (c) to excite disaffection against the Government or Constitution of any of the King’s Dominions.

In my opinion the publications are expressive of an intention to excite disaffection against the Government or Constitution of one of the King’s Dominions, viz India.

For this reason I am of opinion that the publications are within the terms of the Proclamation of the 28th July, 1932.

[Vol. 26, p. 34]