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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

OVERVIEW OF SEDITION LAW

Yashpal Kataria , MDU - CPAS , Gurugram

ABSTRACT

Sedition Law which has been mentioned in our IPC , 1860 finds its origin in
the colonial rule . This clause was used by the Britisher's to curb the voice
of our brave freedom fighters . It was used as the tool by them crush our
freedom movement .But even after being independent for 75 years this dark-
one law is still present in the IPC of the independent India. Even after being
granted Freedom of Speech and Expression under constitution in Article
19(1)(a) we are still not free to express our thoughts because of this law

.
India though a democratic country for 75 years but still there are restriction
on the people to express their thoughts freely , they are still scared that if
government didn't like their thoughts they would use the sedition law to
harass them . As per World Press Freedom Index report of 2021 India is
ranked at 142 from 180 countries and is ranked at 53 in the world democratic
index report . A country cannot progress truly until the people are freely and
without any threat are free to express their views regarding the policy and
working of the government . One of the most essential condition of a true
democratic country is people having the secured environment where they can
point out what they don't like about the government, if this environment
cannot be secured to the general public then there is no meaning of
democracy and the rule will somewhat become undemocratic even though
the system of election would be there.

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

Main Issue with Section 124A

- Increased use of the law by the law by the government to curb any voice raised by public
against its policy . According to the National Criminal Bureau Report the number of case
registered under this section were 47 in 2014 and in 2019 it raised to 93

.
- The person charged under this section get harassed by the government and police even when
he has raised his voice on a correct issue or meant not to harm the government as it is a non
bailable offence

- Used as a tool by government to control the press , and to stop them to from making people
aware of the wrong policy or the wrong doing of the government

- Used as the tool to implement their arbitrary policy.

Evolution of Sedition law

The law didn't found any place when the IPC was first introduced although it is said that the
sedition was drafted by the Thomas Macaulay in his draft of IPC , but it was not present in IPC
for whatsoever be the reason . This section was introduced by Sir James in the IPC . It was
inserted in IPC by 1870 amendment . Thought the section was criticised by Jawaharlal Nehru
arguing that it should not be strike down keeping in mind the historical and practical reason

,
but it still managed to find the place in IPC with added explanation
.

Sedition law explained

Section 124A of Indian penal Code talks about the Sedition . Under this section any person try
to bring hatred or disaffection in the mind of people which result in the violence or threat to
the government trough speech or written means or through signs the person can be booked
under this section and would be aware with punishment of life imprisonment . Even the attempt
of the bringing the disaffection in the mind of people is punishable under this section if the
disaffection can result in violence against the government
.

Sedition law in some other prominent Countries

United States Of America

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

Under Section 2385 of the US code , it's is unlawful for anyone to knowingly teach the
propriety of overthrowing the government , by force . However one thing to wroth mentioning
here is that the law is rarely used is respect of freedom of speech

Germany

The word which can be translated as the Sedition is Volksverhetzung and it can only be
invoked in case related where someone spread hatred against any particular race or religion.

New Zealand

The law was repealed by the crimes (repeal of seditious offences ) amendment bill in 2007.

United Kingdom

Section 73 of the Coroners and justice act 2009 was abolished in 2009 this section dealt with
the sedition and seditious liability . Now no British citizen can be charged by the sedition by
British government though sedition be invoked against the foreign citizen by the British
government . Britishers were the founder of the law in India , and some people argue that if
they found it wrong then the Indian government also strike down this law.

South Korea

They abolished the law in 1988 during the democratic and legal reforms
.

View of Court about sedition law

Kedar Nath Singh Vs State of Bihar I

In the case Constitution validity of the sedition law (Section 124A) was checked by the
Supreme Court , the background of case was Kedarnath Singh was the member of forward
communist party of Bihar, while addressing the Crowd he said the government main aim is to
loot and said that Indian National Congress is full go gundas , and he called for revolution
against that government saying the government of poor will be established on the ashes of the
current government . He also addressed CID officers as dogs . The sedition charges were bough

1- 1962 AIR 955,1962 SCR Supl. (2) 769

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

against him which were upheld by the Patna High Court . The appeal was made to Supreme
Court that this law is ultra virus to the Constitution article of freedom of speech and expression

It was held by the Supreme Court that it is the duty of the government to maintain law and
order in the society and for doing this reasonable restriction can be imposed on the people to
ensure the safety and security of the state . It was held by the supreme court that it is the duty
of government to punish those who have committed offences against the government to
maintain peace in the society . The supreme court held that article 19 (1)(a) when read with
article 19(b) , the section 124 does not violate constitution

.
Kishorechandra Wangkhemcha & Anr v Union of India

In the ongoing case the Chief Justice of India has asked the government that why we still need
this section its was the law used by the British to suppress our freedom movement . He also
expressed his concern over the growing issues and the non accountability of the agency of the
executive while using this law . It is being speculated that the apex court while giving the
judgement will strike down the section or while keeping in mind the decision of the Kedarnath
Singh vs State of Bihar case would set some of guidelines to be followed by the government
and its agency while using this law has to keep in mind . The supreme court is very much
concerned over the vast amount of power this section give to government to restrict the freedom
of the people
.

Recent use of the section 124A of IPC

Kashmiri Students

60 Kashmiri students are booked under this law because the celebrated the win of Pakistan over
India in 2014 cricket match.

Folk Singer S kovan

He released two song criticising Jayalalithaa government over the earning profit from the state
owned liquor shops over the expense of the poor people.

Kanhaiya Kumar

He was booked by the Delhi Police for raising slogan in favour of Terrorist Afzal Guru and
calling his execution as the arbitrary act of Indian government . He also spoke some of the

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

other controversial things at the gathering of the JNU students and called for separating Indian
into parts . The Incident attracted lot of attention not only of Indian Media but also of
international media too . This was one of the most recent controversial case

.
Disha Ravi

She was accused by the police for crating the tool ket which was used in farm law protest that
resulted in the violence at the Red Fort on 26 January . Later she was released after 10 days of
arrest as police was not able to produce evidence . Police said that google and zoom are not
responding to police questions
.

Advantage of Sedition Law

- Its is useful maintaining integrity and security of the country

.
- Can be used as a tool to create fear among the anti-national groups.

. It is an effective tool in maintaining public order

- Balance freedom of expression with the collective national interest.

- Use as a tool to prevent damage to the public property from mobs.

Drawbacks of Sedition Law

- Use as tool by government to oppress the voice of dissent.

- Ruling Party uses this as a weapon to curb criticism of the government.

- Misuse by the government can result in negligence the fundamental rights given by the
constitution.

- Misguided individuals are wrongly termed as Antinational, even if they are just anti-
government.

. IT can be used as tool to target minority , and to curb their say in the functioning of the
country
.

- Definition of sedition law is very complicated and not easy to interpretate , that some time
result in creating confusion.

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Indian Journal of Law and Legal Research Volume IV Issue I ISSN: 2582-8878

Conclusion

Though the law is very controversial but its has its own importance in the India penal code as
it can be used to keep check on the illegal revolution against the elected government, also this
help in maintaining the pace in the society . But this law has been constantly misused by the
government to harass the people who raise voice against the government working and this
controversial use has increased in the recent year . The misuse of the section would result in
the reducing the democratic nature of the country and courts should take active role in
preventing this from happening . Thought ibis argued that this section should be fully repealed
from the IPC but with some necessary modification and guideline on how to use it , the section
can be use in the maintaining of the peace in the society and can be proved in the beneficial for
the security of the country in long run
.

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