SEDITION LAW IN INDIA — SECTION 124A IPC

NEWS: Section 124A of IPC — punishes crimes against the state

ABOUT

  • Sedition = any act that brings hatred, contempt, or disaffection towards the government established by law in India
  • Includes attempts to incite resistance against the government

Punishment Under Section 124A

  • Non-bailable offence
  • Cannot apply for government jobs
  • Must live without passport
  • Punishment options: Life imprisonment + fine, OR Up to 3 years imprisonment + fine, OR Only fine

Supreme Court on Sedition

Kedarnath Singh v State of Bihar (1962)

  • SC upheld constitutional validity of Section 124A
  • BUT restricted its scope — criticism of government without incitement to violence is NOT sedition

Balwant Singh v State of Punjab (1995)

  • Merely shouting slogans (e.g., Khalistan Zindabad) does not amount to sedition

Criticisms of Sedition Law

Threat to Freedom of Expression

  • Conflicts with Article 19(1)(a) — freedom of speech
  • Example: Cartoonist Aseem Trivedi (2012) charged for political cartoons on corruption

Vague and Overly Broad

  • Terms like "disaffection", "visible representation" are undefined and vague
  • Example: Climate activist Disha Ravi (2021) arrested for sharing a toolkit during farmers' protests

Misuse and Selective Application

  • Used to silence critics and political opponents
  • Example: Journalist Vinod Dua (2021) — FIR filed for criticising PM's COVID handling; later quashed by Supreme Court

22nd Law Commission Recommendations

Headed by: Former Karnataka HC Chief Justice Ritu Raj Awasthi Stance: Retain sedition law but with amendments for clarity

Key Recommendations:

  • Include Kedar Nath rulingà Add words: "with a tendency to incite violence or cause public disorder" to the provision
  • Define "tendency to incite violence"àEven a mere inclination to incite violence is sufficient; actual violence or imminent threat not necessary
  • Enhance imprisonment termà Change from "3 years or life" to "7 years or life" (removes the odd gap between 3 years and life)
  • Procedural safeguard against misuse:
    • FIR cannot be registered without preliminary inquiry by Inspector-rank or higher officer
    • Central/State Government permission required before registering FIR

Reasons to Retain the Law

Needed to safeguard unity and integrity of India — threats from Maoist extremism, militancy

  • Justified as reasonable restriction under Article 19(2)
  • Different jurisdictions (US, UK) have different history/geography — not comparable to India
  • Anti-terror laws alone don't cover all elements under 124A — without it, cases would go under more stringent special laws
  • Colonial legacy argument rejected — entire Indian legal system, police force, civil services are colonial legacies; calling it colonial doesn't make it outdated
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