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Research Paper Volume 3 Issue 4 326 - 333 August 4, 2021

Right to Free Speech vs. Sedition under Section 124A of the Indian Penal Code

Lead author · Corresponding
Aashrit Sukhija
Student at O.P. Jindal Global University, India
Co-author
Vijayant Dalal
Student at O.P. Jindal Global University, India
Abstract

Freedom of speech is a precious gift given by our constitution. But sedition law under Section 124 A of the Indian Penal Code, which was enacted by the British to oppress and suppress the criticism by the people of India directed towards British rule, infringes with the sacred fundamental right promised by our constitution. After the independence, the sedition law somehow managed to find its way to exist in the Indian legal system and became an active tool for shaping Indian politics. From time to time, the judiciary has tried to establish the constitutionally valid interpretation of the sedition law; regardless, the government has managed to use this draconian colonial law as a weapon against the individuals who criticize and raise dissenting opinions against the government. These political vendettas backed by sedition law cause mental and physical harassment to innocent individuals, violating human rights. This research paper discusses the sedition law under Section 124 A of the Indian Penal Code, its history, how it has been misused to silence dissenting opinions, and some possible suggestions.

Type
Research Paper
Information
International Journal of Legal Science and Innovation, Volume 3, Issue 4, Page 326 - 333
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLSI 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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