Sedition (Existing laws and criticism)

Course Code: LLB 402

SUBMITTED TO: SUBMITTED BY:

FEBRUARY 10, 2024

dEPARTMENT OF LAW & JUSTICE
JAHANGIRNAGAR UNIVERSITY
 CONTENTS

 Introduction
 What is Sedition
 Laws relating to Sedition
 Trial Procedure & Punishment of Sedition
 Sedition is too Old Fashioned in a Modern Society
 Colonial Laws Still being Used to Muzzle Voices
 Facts and Cases of Sedition
 Criticism of Sedition
 Conclusion
Introduction
The Oxford Dictionary defines Sedition as “Conduct or speech inciting people to rebel against
the authority of a state or monarch.” Article 39 of the Constitution of the People’s Republic of
Bangladesh gives freedom of thought, conscience, speech, and expression. However, it is seen
that we do not comply with the above conditions, and we fight for freedom. Those who go
beyond freedom and practice freedom in the name of free thought are breaking various laws,
and becoming criminals can be punished with life imprisonment.
So, when a person creates or attempts to create hatred, animosity, or enmity against the
government by his words or any of his writings or any symbol/hint/symbol used by him, that
person will be legally considered a traitor. Moreover, this type of activity will be regarded as
Sedition.

What is Sedition
According to section 124A of The Penal Code 1860, any person, who by any written/spoken
words or by any sign, or by any visible activity, or something else, brings or tries to bring into
any hate or contempt, or stimulates or tries to stimulate disaffection towards the government
recognized by law shall be penalized. This offense is called Sedition.
According to Article 7A of the Constitution of the People’s Republic of Bangladesh, if any person
abets or by show of force repeals or suspends the Constitution of Bangladesh or any of its
articles or disrupts or attempts to disrupt the confidence, belief, or reliance of the citizens to
this Constitution, his such act shall be seditious and such person shall be guilty of Sedition.

Trial Procedure & Punishment of Sedition

Sedition is considered a severe crime in the Penal Code 1860, which is against the state. There
are some legal measures regarding the charges of Sedition:
Before constituting a case of Sedition, one must obtain sanction from the government from the
Ministry of Home Affairs. Section 196 of the Code of Criminal Procedure (CrPC) requires state-
government sanction before anyone is charged with Sedition. Without the government’s prior
sanction, none can file a case of Sedition against others.
Competent Court: According to Section 108 of the Code of Criminal Procedure, only the
magistrate of the first-class and metropolitan magistrate can adjudicate the trial of a Seditious
crime. Further, according to Schedule II, chapter 6 of CrPC, the competent court for Sedition is
the Sessions Court, Chief Judicial/Metropolitan Magistrate, or any 1st class magistrate specially
appointed by the government. The nature of the offense is non-bailable and non-
compoundable.
According to Section 124A of The Penal Code 1860, any person committing Sedition shall be
penalized with imprisonment for life or any term less than that where acceptable may be
added. Otherwise, they shall be penalized with imprisonment, which may extend to three years
with an optional fine, or with fine.
According to Article 7A of the Constitution, any person alleged to have committed Sedition shall
be punished with the highest punishment given for other offenses by the existing laws of
Bangladesh.

Sedition is too Old Fashioned in a Modern Society