The Privy Council held that the language of section 124A, or of the Rule aforesaid, under the Government of India Act, did not justify the statement of the law as made by the learned Chief Justice in Niharendu 's case(1) they also held that the expression "excite disaffection" did not include "excite disorder", and that, therefore, the decision of the Federal Court in Niharendu 's case(1) proceeded on a wrong construction of section 124A of the Penal Code, and of sub para (e), sub rule (6) of Rule 34 of the Defence of India Rules; Their Lordships approved of the dicta in the case of Bal Gangadhar Tilak (2), and in the case of Annie Basant vs Advocate General of Madras (3), which was a case under section 4 of the Indian Press Act.