Sedition law-
The word ‘sedition’ means “conduct or speech that results in rebellion against the authority of the state”. The Sedition Act, with section 124A of the IPC of 1860, is considered a reasonable restriction on freedom of speech. [1]It was drafted by Thomas Macaulay in 1870.
The following points describe the origins of sedition laws-
The origins of sedition law in India date back to the 19th century Wahhabi movement.
It was an Islamic renaissance movement and was led by Syed Ahmed Barelvi.
From 1830, the movement was active but after the 1857 uprising, it turned into armed resistance, a jihad against the British.
The British branded the Wahhabis as rebels and launched military operations against them.
Meaning of sedition under section 124A of the IPC, 1860-
“Anyone who, verbally, verbally or in writing, or by gesture, or by the visual presentation, or in any other way, incites or attempts to incite hatred or contempt, or incites or tries to show disrespect to the Government, may be sentenced to life imprisonment.”[2]
The explanation in the first section defines the scope of frustration and the second and third interpretations refer to what is not considered treasonous intent under English law.
The activities Sedition-
In India, how ‘sedition’ is formed is widely discussed. According to the Indian Penal Code, if a law is called “sedition”, it should have the following elements:
Any words that may be written or spoken, or signs that include posters
dissatisfaction must be brought against the Government of India
Must be the result of ‘impending violence’ or public unrest.
Section 124 of the Indian Penal Code of 1860 defines the following laws as “sedition” as defined by the court.
Raising slogans against the government – for example – “Khalistan Zindabad” by the group. It is not treason for one person to raise a slogan twice.
A speech made by an individual must encourage the consideration of violence / public disorder as provocative. Subsequent events are going to explain this further to include “incitement to impending violence”.
Any written work incites violence and public disorder.
Kedarnath Singh v. the State of Bihar, It was held that the law was constitutional and covered with written or spoken words that had the underlying idea of destroying the government violently.
Citizens can criticize the government to create chaos among the people unless they incite the people to violence against the government.
The Supreme Court upheld its validity under section 124A, limiting it to acts involving disorder or disorder, or acts involving breach of law and order or incitement to violence.
Balwant Singh and Anar v. State of Punjab
After the assassination of Prime Minister Indira Gandhi, the accused chanted “Khalistan Zindabad” outside a cinema hall.
It was held that two people were abruptly chanting slogans against them, not to mention the interesting frustration towards the government. Section 124A does not apply to the situations of this case.
By Moumita Muhuri, 3rd year of Shyambazar Law College.
[1] Law of sedition in India – Sec 124A of the Indian Penal Code – https://blog.ipleaders.in/law-of-sedition/.
[2] Law of sedition in India – Sec 124A of the Indian Penal Code -https://blog.ipleaders.in/law-of-sedition/.
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