Sedition law

Section 124A of the IPC defines sedition as an act “whoever by words, either spoken or written, or by any 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

It is a bare act / law of land, which you must read, understand and apply.

Hey,

I have read your query and would like to tell you more about sedition law. Section124A of Indian Penal Code, 1860 provides “Whoever, by 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 to three years, to which fine may be added.

Sedition means an unlawful act of revolting against established power through betrayal or defamation of the government. Commission of sedition involves plotting to overthrow the government by means of violence, force, harm, or the killing of any authority figure. Sedition is not limited to only actions of a person but also includes any spoken words that might incite or encourage the overthrow of the government.

Sedition Law in India is a legal provision that deals with actions or speech which may be against the country’s government. The law intends to maintain public order and protect the integrity and sovereignty of the nation. This law is primarily aimed at preventing those acts which can lead to violence or cause threat to the security of the nation.

Situations which does not constitute an offence under sedition:

·       When comments disapprove of government measures but with a view to change them lawfully, without exciting or attempting to excite hatred, contempt or disaffection

·       When comments disapprove administrative actions of the government without exciting feelings of enmity

Punishment under Sedition Law:

·       Non-bailable

·       Imprisonment for three years or lifetime, to which fine may be added

·       Person committing such offence is not eligible for any government job

Reference case laws:

Sedition Trial of Mahatma Gandhi (1922):

Mahatma Gandhi was imprisoned for six years for his articles in the news paper ‘Young India’. Charges were imposed on him for bringing or attempting to excite disaffection towards His Majesty’s government established by British law.

Brij Bhushan & Anr. Vs State of Delhi (1950) & Romesh Thappar Vs State of Madras:

The apex court held that a law that restricts speech on the ground that it would disturb public order was unconstitutional. The decision of the court resulted in ‘First Constitutional Amendment’ where Article 19(2) was rewritten to replace the words “undermining the security of the state” with “in interest of public order”.

Kedar Nath Singh Vs State of Bihar (1962):

In this case the Constitutional validity of section 124A was in question. Supreme court held that any speech or writing destroying government by violent means even including notion of revolution is seditious, failed attempt to incite and creating public disorder is also seditious.

Hope this helps you in understanding what is Sedition Law.

Regards

Parth Chawla