Sedition Law in India

Nirbhaay Pratap Singh Tanwar
Manipal University Jaipur, India.

Volume II – Issue III, 2020

This paper explains the section124A of sedition law in India. Section 124A of the India Penal Code defines sedition as , “Whoever, words, either spoken or written or by signs or by visible representation or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by Law in India shall be punished with imprisonment for life, to which fine may be added or with imprisonment which may extend up to three years, to which fine may be added or with fine. The act of sedition is non bailable and non compoundable offence and punishment for such an act ranges from imprisonment for three years to a lifetime, to which fine may be added is observed to be harsh compared to other offences in ipc. A person charged under this law can’t apply for government job. They have to live without their passport and must present themselves in the court as and when required.

It explains the things which are considered as sedition in India. The paper also explains the the significance of section 124A of sedition. This paper also how sedition can grevious for the country. This paper also explains why there is a need of sedition law and how this law is misused sometimes. . This paper also talks about the history of sedition law in India. Initially, section 124A was not a part of the original IPC and was only inducted in 1870 in chapter IV of the IPC which deals with offenses against the state. . it was was drafted by Thomas Babington Macaulay and included in IPC in 1870. 1891 The Bangobasicase as it came to be known as the first such case where a trail was conducted against a person under sedition law. The first person to be convicted under Section 124-A was Bal Gangadhar Tilak. He was charged with sedition before the Bombay High Court, in Queen Empress vs Bal Gangadhar Tilak (1897).

This paper also talks about the landmark cases like kedar Nath Singh v. state of Bihar which was the first case of sedition tried in the court of Independent India, where the constitutionality of this provision was challenged and the Supreme court clearly differentiated between disloyalty to the country’s government and commenting on the measures of the government without inciting public disorder by acts of violence.

Last but not the least we will also discuss that why we need section 124A in present time. Though this section cannot be scrapped because there is a need to retain the provision to effectively combat anti- national, secessionist and terrorist elements.


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