Sedition law in India: Relevance and challenges

Introduction

Sedition is an offence against the state,  and it covered in the Indian Penal Code as Section 124A. Sedition is a criminal offense that punishes speech or action that promote hatred, contempt, or disaffection towards the government established by law. The law has faced challenges for violating the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the constitution. Sedition is not said to be done when criticism is done to disapprove and alter measures or administrative actions of the government. The supreme Court of India has interpreted the law on sedition in various landmark judgments and has provided guidelines to balance freedom of expression and the security of the state.

History of Sedition

In the original act of the Indian Penal Code (IPC) of 1860, Sedition is not present an offence. It was later introduced through an amendment in 1870, drawing inspiration from the English Treason Felony Act of 1848, with the aim of addressing dissent, mutiny, and rebellious activities. The law was first applied in 1891 in the trial of newspaper editor Jogendra Chandra Bose. It was also used as a weapon to prosecute other notable Indian nationalists and freedom fighters, including Bal Gangadhar Tilak, Mahatma Gandhi, Jawaharlal Nehru, Vinayak Damodar Savarkar and many others.

The law was originally drafted in 1837 by Thomas Macaulay, the British historian politician, but was inexplicably omitted when the Indian Penal Code (IPC) was enacted in 1860.

In 1950, two landmark supreme court judgments prompted the government to pass India’s first controversial constitutional amendment in 1951. The first case dealt with controversial content published in the RSS journal organiser, while the second case concerned the magazine crossroads, which has criticized the government.

Section 124A was added in 1870 through an amendment proposed by James Stephen, as it was deemed necessary to have a distinct provision to address this particular offence.

In 1973, the late prime minister Smt. Indra Gandhi introduced major change by classifying section 124A as a cognizable offence under the new Code of Criminal Procedure. The amendment allowed the police to arrest people without a warrant, greatly impacting citizens freedom and restricting their liberties.

What is Sedition

Section 124A of the Indian Penal Code (IPC), introduced in 1870, aimed to suppress and the growing Indian Independence movement. It defines sedition as any act, word, or sign that brings or attempts to bring “hatred or contempt” or “excites disaffection” towards the government established by law.

With the Judgment of the Supreme Court in Kedar Nath Singh v. State of Bihar (1962)    this 5- judge bench upheld the constitutional validity of Section 124A of the Indian Penal Code, which defines sedition. However, it narrowed the scope of the law. The court ruled that speech can only be considered seditious if it incites violence or has a tendency to create public disorder.

Punishment for Sedition

1. Imprisonment for up to 3 years
2. Imprisonment for life
3. Imprisonment for life along with fine
4. Imprisonment up to 3year along with fine
5. Only fine

The judge overseeing the trial is responsible for deciding the severity of the punishment to be given to the convicts.

What constitutes sedition

The constitutionality of sedition laws has been a topic of ongoing debate in India. Section 124(A) of the Indian Penal Code criminalizes the use of words, speech, or signs that promote hatred, contempt, or disaffection against the legally established government. However, concerns have been raised that the punishments under this law may lead to serious human rights violations, including restrictions on freedom of speech and expression, as well as the possibility of preventive detention.

Elements of sedition

Intention

Section 124A of the Indian Penal Code (IPC) describes sedition as any act aimed at provoking hatred, contempt, or disaffection against the legally established government in India using words, symbols, or visible representations. In sedition, the intention of the language used is punished, no matter its success. Hence, the person should have willingly done the act with the above-mentioned desire and knowledge. 

Act

Anyone who, through spoken or written words, signs, visible representations, or any other means, provokes or tries to provoke hatred, contempt, or disaffection towards the government established by law. Sedition can be done through any material.

For Example,

• Published article
• Poster
• Videography
• Letter
• Speech, etc.

It is crucial to understand that a form of publication is required to pursue a sedition case. This can include actions like distributing, republishing, or circulating seditious content.

Violence or Public disorder

The Supreme Court upheld the validity of Section 124A but restricted its use to cases where there is intent or a tendency to cause public disorder, disrupt law and order, or provoke violence. The court emphasized that the core of the offense of sedition lies in inciting violence or creating public disorder through spoken or written words that have the potential to generate hatred, contempt, or distrust toward the legally established government.

Misuse of sedition law in recent year

Six senior journalists—Rajdeep Sardesai, Mrinal Pande, Anant Nath, Paresh Nath, Zafar Agha, and Vinod Jose—along with Congress Member of Parliament Shashi Tharoor, were accused of “posting tweets and intentionally spreading fake news” regarding a farmer’s death during the protests in Delhi on January 26, 2021. The FIRs filed against them included charges of promoting enmity, actions harmful to religious harmony, making statements encouraging hatred or ill-will, and sedition.

The Supreme Court has paused arrests in these FIRs, but the trend of registering cases against journalists and political critics has become more common in recent years. Data from Article 14 shows a 28% rise in the annual number of sedition cases filed between 2014 and 2020 compared to the average from 2010 to 2014.

NCRB Report Overview

1. Purpose:
   The NCRB compiles and publishes crime statistics reported by states and Union Territories. Sedition case data (under Section 124A of the IPC) has been recorded since 2014.
2. Categorization:
   • Data on sedition cases is listed under the headline ‘Offences Against State’.
   • Cases registered under Section 124A (Sedition) are grouped under the subhead ‘Sedition’.
   • Cases under Sections 121, 121A, 122, and 123 IPC are categorized under the subhead ‘Others’.
3. Statistics:
   • In 2021, 149 cases of Offences Against State’ were registered, including 76 sedition cases and 73 under ‘Others’.
   • Comparatively, 172 such cases were reported in 2020, and 163 in 2019.

Case Law on sedition

Vinod Dua vs Union of India on 3 June, 2021

Facts

1. Senior journalist Vinod Dua hosts a YouTube program called ‘The Vinod Dua Show”.
2. It was claimed that Vinod Dua made statements aimed at creating panic, hatred, contempt, and disaffection, leading to violence against the government.
3. At the 5-minute and 9-second mark of the video, he stated that Narendra Modi has leveraged deaths and terror attacks to secure votes.
4. He alleges that the government lacks adequate testing facilities, has provided false information regarding the availability of Personal Protective Equipment (PPE) kits, and has not offered sufficient details about them.

Issues Raised

The issue is whether the petitioner’s comments amount to the offense of sedition under Section 124A.

Held

The supreme Court, while quashing the charges of section 124A observed that,

1. The statements, in this context, can be seen as criticism of the government’s actions and its officials, aimed at urging a prompt and effective response to the situation. They were not intended to incite violence or create public disorder and, therefore, fall under the exceptions to sedition.
2. The petitioner’s statements fall within the permissible boundaries established by the Supreme Court in the Kedar Nath Singh case. While some factual details in the statements may not have been entirely accurate, the overall tone and context of the YouTube show indicate that the petitioner did not exceed the limits defined by the court in that decision.

Critical Legal Analysis of sedition: – Section 152 of the Bhartiya Nyaya Sanhita

Section 124A of the IPC targets actions that provoke hatred, contempt, or disaffection toward the government. In contrast, Section 152 of the BNS penalizes activities that promote subversive acts, separatist sentiments, or threaten India’s sovereignty, unity, or integrity. Although the term “sedition” has been removed from the penal law, the new provision seems just as restrictive of individual rights as the original.

Conclusion

Patriotism in a democracy cannot be defined by a single ideology; individuals should have the freedom to express their patriotism in their own way. Critiquing or debating government policies is a democratic right and cannot be labelled as sedition. Section 124A should only apply when an act is intended to disrupt public order or overthrow the government through violence or illegal means. Exercising the “right to freedom of speech and expression” irresponsibly does not automatically amount to sedition, and individuals should not be charged merely for holding views that oppose government policies. The purpose of the sedition law is to safeguard national integrity, not to suppress the “right to freedom of speech.” Dissent and criticism are vital to a thriving democracy and essential for robust debates on public policy. Therefore, any restrictions on free speech must be thoroughly examined to prevent unjust limitations.

 

References

1. IAS, D. (2022) Sedition Law, Drishti IAS coaching in Delhi, Best UPSC Website for IAS Test Series & Study material. Available at: https://drishtiias.com/daily-news-analysis/sedition-law-6/print_manually (Accessed: 10 January 2025).
2. Damania, S.T.& T. (2024) Balancing free speech and national security: A critical analysis of section 152 of the Bhartiya Nyaya Sanhita and section 124-A of the IPC, Live Law. Available at: https://www.livelaw.in/lawschool/articles/balancing-free-speech-national-security-critical-analysis-section-152-bhartiya-nyaya-sanhita-section-124-a-ipc-259465 (Accessed: 10 January 2025).
3. Rana Parveen, M.P. (2024) Manupatra, Articles. Available at: https://articles.manupatra.com/article-details/LAW-OF-SEDITION-A-COMPARATIVE-STUDY (Accessed: 07 January 2025).
4. Pandey, A., Dash, P.P. and Satish, M. (2024) Bharatiya Nyaya Sanhita: Decolonising or reinforcing colonial ideas?, National Law School of India University. Available at: https://www.nls.ac.in/blog/bharatiya-nyaya-sanhita-decolonising-or-reinforcing-colonial-ideas/ (Accessed: 08 January 2025).
5. IAS, N. (2024) National Crime Records Bureau (NCRB) data on sedition cases – current affairs, Current Affairs – NEXT IAS. Available at: https://www.nextias.com/ca/current-affairs/05-09-2022/national-crime-records-bureau-ncrb-data-on-sedition-cases (Accessed: 09 January 2025).