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UNDERSTANDING SEDITION

Kaviya. R


During the widespread protests against Citizenship (Amendment) Act [commonly known as CAA] we came across a lot of incidents where people were charged with sedition.


What is Sedition?

The act of bringing or attempting to bring in hatred or contempt, or exciting or attempting to excite disaffection towards, the Government by words either spoken or written, or by signs, or by visible representation, or otherwise, is known as sedition.


Law:

Section 124A of Indian Penal Code, prescribes punishment for the offence of Sedition.


Exceptions:

The following shall not be considered as an offence under the Code: Comments expressing disapprobation, without exciting or attempting to excite hatred, contempt or disaffection,

  1. of the measures of the Government with a view to obtain their alteration by lawful means,

  2. of the administrative or other action of the Government


Is the Law against Sedition valid?

Section 124A has been challenged in various cases. In Kedarnath Singh vs State of Bihar, the Supreme Court laid down that every citizen has a right to say or write about the Government, by way of criticism or comment, as long as it does not “incite people to violence” against the Government established by law or with the intention of creating public disorder.


Is this a reasonable exception to freedom of Speech?

In Shreya Singhal & Ors. V. Union of India , the Supreme Court highlighted how restrictions under Article 19(2) ought to be strictly interpreted to not include ‘innocent speech’.

In 2018, the Law Commission of India, in its report, suggested a re-think or even repeal of the sedition law, and till that happens, the Commission recommended that “Section 124A should be invoked only in cases where the intention behind any act is to disrupt public order or to overthrow the Government with violence and illegal means.”

Punishment:

  1. imprisonment for life, to which fine may be added, or

  2. imprisonment which may extend to three years, to which fine may be added, or

  3. with fine

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