A Research Synopsis

on
SEDITION LAW IN INDIA : STRINGS OF
AMBIGUITY ATTACHED TO IT

Submitted By
Sudhanshu Shekhar Bisen

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 INDEX

A. IDENTIFICATION OF PROBLEM 2

B. HYPOTHESIS 2

C. OBJECTIVES 3

D. RESEARCH METHODOLOGY 3

E. POSSIBLE OUTCOMES 3

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A. IDENTIFICATION OF PROBLEM :
The offence of sedition targets words, conduct and publications that
censure 'public men for their conduct as such, or upon the laws, or upon the
institutions of the counting [James Stephen]. Consequently, there seems to be
little or no activity that may not fall within the ambit of the definition
provided it has the tendency of causing disaffection for the government. With
this, even fair and balanced criticism may have a tendency of exciting
contempt or hatred for the government of the day or any section of it'.
The perusal of the definition of sedition [sec-124A] shows that it
underlines the physical element of the offence, rather than referring to the
mental or fault element required. Thus it can be seen that the legal elements
of sedition offences are ill-defined and the vagueness of the language make it
difficult to demarcate the boundaries of sedition offences with any certainty.
Moreover the recent spate in instances invoking sedition laws against
human rights activists, journalists and public intellectuals in the country have
raised important questions on the undemocratic nature of these laws, which
were introduced by the British colonial governments.
B. HYPOTHESIS :
On the basis of literature survey, it is observed that :
[i] "The sedition law in India is vague and incompatible with the
constitution and democratic values as".
[ii] Sedition may include any commotion, though not aimed at direct and
open violence against the government.

C. OBJECTIVES :
The proposal in prepared with the objective to ascertain and examine
the provisions of sedition law from the view point of freedom of speech and
expression and modern democracy to sort out the vagueness and commotion

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of sedition law in India / striking a balance between individual freedom of
expression and the security of the state. Moreover, with this objective the
following research questions have been formulated :
[i] Is 'intention' an essential ingredient of sedition ?
[ii] How sedition laws impact the ability of citizens to freely express
themselves and limit the ability to constructively criticise or express
dissent against the government.
[iii] What is the gist of offence of sedition in modern democracy.

D. RESEARCH METHODOLOGY :
The method adopted in this work would be non-doctrinal research.
Non-doctrinal research also known as social-legal research that employs
methods taken from other disciplines to generate empirical data that answers
research questions. It can be a problem, policy or a reform of the existing
law.

E. POSSIBLE OUTCOME :
The chilling effect of sedition laws threatens to undermine, and
gradually destroy the legitimate and constitutionally protected right to
protest, dissent or criticise the government. Freedom of speech should always
be protected, but if such speech crosses the line to incitement to commit
violence or riot or danger to the public, the state should be entitled to protect
itself its citizens by prescribing such speech. Accordingly, on the basis of the
analysis of the comparative laws in various countries and judicial
articulations, solutions have been sought to address the vagueness and
commotion of sedition law in India.

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