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

  • Aashrit Sukhija and Vijayant Dalal
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  • Aashrit Sukhija

    Student at O.P. Jindal Global University, India

  • Vijayant Dalal

    Student at O.P. Jindal Global University, India

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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.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 4, Page 326 - 333

DOI: https://doij.org/10.10000/IJLSI.11926

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