TMI Blog1909 (10) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... e (sic)Etiology of the Bomb in Bengal, which is seditious within the meaning of the section above mentioned. 2. This finding of the Magistrate has been assailed before us on two grounds : first, that there has been no publication by the petitioner of the periodical in question, containing the article charged as seditious; and, secondly, that the article itself is not seditious within the meaning of Section 124 A of the Indian Penal Code. 3. It is to be remarked at the outset that both the question of publication and the question of the seditious character of the article are questions of fact, which have to be determined on the evidence and by the light of surrounding circumstances. On these questions of fact, the learned Magistrate h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is sole agent for the periodical for the whole of India, that he took great interest in it (Exs. S.O. and F.) and that on the 15th of May 1909, he had written to the proprietor and editor of the periodical in London, asking for an advance copy by post that he might know what to expect and make use of his own daily paper in Bombay, the Rashtra Mat, for the special advertisement of the Swaraj. It is admitted that an advance copy was sent and that the Swaraj was advertised in the Rashtra Mat, of which the petitioner was manager. Further, on the 10th of July, an article had appeared in the Rashtra Mat noticing the Swaraj and its contents. Upon all this evidence it was competent for the Magistrate to rind as a fact that the accused had read th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 45, 6th edition. It is otherwise in criminal law. An attempt to commit an offence is under our Penal Code punishable. All that is necessary to constitute such an attempt is some external act, something tangible and ostensible of which the law can take hold as an act showing progress towards the actual commission of the offence. It does not matter that the progress was interrupted. In the present case the attempt was for the purposes of law complete when the petitioner sold the copies. It was none the less an attempt, because something external to himself happened which prevented a perusal of the article by the buyers or an)' other member of the public. 7. The next question is whether the article is seditious within the meaning of Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 124A into hatred and contempt. Mr. Baptista's contention is that though the writer has here and there used unhappy expressions and language which is to be regretted yet his intention, upon the whole, is to point out to Government that bombs and assassinations described as the outlandish methods of the West have come into existence in what the writer regards as this land of a spiritual people, because of certain reactionary policy and repressive measures of Government', and that the writer comments on that policy and those measures with a view to secure their alteration by Government. But this contention ignores the leading ideas and the prominent innuendoes of the article. The article begins with the statement that the people ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was followed and the bomb appeared, it was a great achievement for people who had never received any regular training. 9. The intention and meaning of all this is obvious. In short, the Government, according to the writer, is composed of a race which is material and mean; it has proved the people's oppressor; it is demoralising them by turning out scoundrel patriots; it is irritating them by repressive measures; it has exasperated them to acts of violence; it has secretly allowed Mahomedan rowdies to attack Hindus; and all this has served to bring the bomb into existence. The rise of the bomb is represented by the writer as lawful, and not criminal under the state of things portrayed by him. Throughout the attempt is to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat brings the article and the writer of the article within the terms of Section 124A of the Indian Penal Code. We only have to consider whether the distributor (the accused) also comes within that section. There is no doubt that he did distribute this article; and if he did so consciously, consciously, that is, of the nature and purport of this article, then he also comes within this section. I can find no good reason for supposing that the Magistrate has not correctly decided that the accused had read the article; that he was in a position to appreciate its meaning and that he did consciously take part in disseminating that wicked and seditious publication. Therefore I concur that the conviction and sentence should be confirmed. - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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