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May Polity IR
May Polity IR
1.3. SEDITION
Why in news?
Recently, Supreme Court has ordered that the 152-
year-old sedition law under Section 124A of IPC
should be effectively kept in abeyance till the
Union Government reconsiders the provision.
About Sedition
• Indian Penal Code (IPC) defines sedition
(Section 124A) as an offence committed when
any person by words 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 by
o words, either spoken or written
o signs
o visible representation, or otherwise
• Three explanations added to the provision
prescribe that while “disaffection” shall
include disloyalty and all feelings of enmity,
comments without exciting or attempting to
excite hatred, contempt or disaffection, will
not constitute an offence.
• Sedition is a cognisable, non-bailable and
non-compoundable offence under the law,
entailing life imprisonment as maximum
punishment, with or without a fine.
• A person charged under this law is barred from a government job. They have to live without their passport and must
produce themselves in the court at all times as and when required.
• In 2018, Law Commission of India (LCI) published a consultation paper recommending that it is time to rethink or
repeal the Section 124A of the IPC that deals Supreme Court (SC) stand on Sedition law
with sedition. • Kedar Nath Vs State of Bihar, 1962: SC held that "a citizen has a
Significance of Sedition law right to say or write whatever he likes about the government, or
its measures, by way of criticism or comment, long as he does not
• Unity of India: Section 124A of the IPC has its incite people to violence"
utility in combating anti-national, • P. Alavi vs State of Kerala, 1982: SC held that sloganeering,
secessionist and terrorist elements. criticising of Parliament or Judicial setup did not amount to sedition.
9 www.visionias.in ©Vision IAS
• Stable Polity: It protects the elected government from attempts to overthrow the government with violence and
illegal means. The continued existence of the government established by law is an essential condition of the stability
of the State.
o Many districts in states face a Maoist insurgency and rebel groups openly advocating the overthrow of the state
government by revolution.
• Power of contempt: It is in line with the power of contempt accorded to court to protect its dignity. Similarly,
contempt of government should also attract punishment.
• Public order: To maintain public order and to deter practices like civil war, excite dissatisfaction to create public
disturbance and to protect sovereignty of the country.
Issues associated with Sedition law
• Violate Fundamental Rights: The existence of Section 124A of the IPC, has acted as a constraint on the exercise of
Freedom of speech and expression guaranteed under Article 19(1) and governments have used sedition to suppress
and quell political dissent.
• Ambiguity: The terms “bring into hatred or contempt” or “attempt to excite disaffection” can be interpreted in many
ways. Thus, empowering the police and government to harass innocent citizens.
• Low conviction rate: As per National Crime Records Bureau (NCRB) data, between 2016- 2019, number of sedition
cases rose by 160% to 93. But in 2019, the conviction rate in such cases was a mere 3.3%, which means just two of
the accused were convicted.
• Misuse: There have been many instances of misuse of section 124A, where the government has used the sedition law
to suppress protesting voices to protect its interests.
o For instance, the arrest of the journalist Vinod Dua for criticising the government’s response to COVID-19.
• Violate International Agreements: The International Covenant on Civil and Political Rights (ICCPR), which establishes
internationally accepted norms for the protection of freedom of expression, was ratified by India, and the misuse of
section 124A goes against this.
Sedition law in other countries
Way forward • Many democratic countries, including United
Kingdom (UK), Ireland, Australia, Canada, Ghana,
• Clear definition: The terms “disaffection”, “bring into Nigeria and Uganda, have held sedition law as
hatred” and what constitutes as sedition should be clearly undemocratic, undesirable and unnecessary.
defined to prevent misuse by authorities. • UK: Sedition law became obsolete in the 1960s and
• Procedural Safeguards: Adding procedural safeguards in was finally repealed in 2009. However, Sedition by
Section 124A of the Code of Criminal Procedure or through an alien (resident but not a national of the country)
policy guidelines. is still an offence.
o For instance, the offences should be made non- • USA: Some sedition laws have been repealed or
cognizable so that there is at least a judicial check. made a dead letter. The courts provide a wide
• Use sparingly: As per LCI, Section 124A should be invoked protection to free speech.
• Australia: Repealed its sedition law in 2010.
only in cases where the intention behind any act is to
disrupt public order or to overthrow the Government with violence and illegal means.
• Scrutinizing complains: Dissent and criticism are essential ingredients of a robust and vibrant democracy. Therefore,
every restriction on free speech and expression must be carefully scrutinized to avoid unwarranted restrictions.