ABSTRACT - CRIMINAL JUSTICE AND FUNDAMENTAL

RIGHTS PROJECT

7th Semester

Topic- Sedition: Current Issues and Viability

SUBMITTED BY-:
Shikhar Mittal
R. No. - 18174

STATEMENT OF PROBLEM

India is a diverse nation harbouring people of different faith belief and ideas. National interest is
to protect these ideas and to promote a nation friendly sentiment uniting all these distinct faiths.
Sedition is a grave offence against this feeling of national interest and nation’s integrity. Sedition
can be invoked against people indulging into activities that cause deterioration of national interest
and undermines the nation in its spirit. In recent days with ongoing protests against laws of
parliament and few activities of government, we have seen an excessive use of this provision to
silent few voices speaking against the intention of the government. The present study deals with
analysing the provisions of the Sedition law laid under Section 124-A of Indian Penal Code and to
look into the constitutionality of the provision along with the focus on possible misuse of it. The
problem that exists now is of determining what shall constitute a seditious speech under the current
provisions inviting a harsh penalty. The object is to look into the gravity of the offence and to
discuss its credibility as it subjects the person convicted under the said offence to a strict
punishment.
Another problem is of deciding what shall be the penalty for such offences that violate national
interest or national integrity. The current legal regime may appear to be highly exploitative to few
however the extent of punishment is subject to the gravity of situation depending upon the severity
of the offence. In this study we shall discuss some important aspects of criminal justice along with
focus on fundamental rights of accused.
Criminal law is the backbone of every legal system. It decides the standards of morality, tolerance
and acceptance to some acts in a society. It is necessary that this Criminal Law must be subject to
the fundamental rights of the individuals (accused) such as right to equality, life freedom etc. and
such rights shall be suspended only in the rare circumstances depending upon the gravity of
allegations against the person.

RESEARCH QUESTIONS

The present study, in order to have a better understanding of the issue, shall seek answers to the
following questions-:
1. That what is the constitutional viability of the current laws on sedition in India?
2. That what shall be the accurate penalty for offences against the national interest?
3. That how far can sedition laws restrict fundamental rights of individuals.
The author has conducted preliminary research on the subject through available books, bare acts,
online sources and case laws. After the initial research the author is of the belief that current laws,
related to sedition and other sedition like offences, suffer from a number of loopholes and various
grey areas are left behind which could lead to misuse of the said provisions. Based upon above
opinion the author has synthesised the Hypothesis of the above study which is-:

HYPOTHESIS

That the present day Laws are insufficient and suffer from loopholes and do not impose accurate
and justified penalty for the presently defined seditious acts
Thus the study would confine itself to the above questions raised and by taking the above
hypothesis in consideration. Research would be backed by landmark judgments and references
from research papers by various jurists in order to prove the above undertaken hypothesis.