Sedition Law

Section 124A of the Indian Penal Code (IPC), deals with sedition. It was drafted by Thomas Babington Macaulay and included in the IPC in 1870.
It states that ‘Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law, shall be punished with imprisonment which may extend to three years, to which fine may be added.’
Sedition is a non-bailable offence. Punishment under the law varies from imprisonment up to three years to a life term and fine.

In Kedar Nath Singh v. State of Bihar (1962), the Supreme Court upheld the constitutional validity of sedition and noted it as being a reasonable restriction on free speech as provided in Article 19(2) of the Constitution.
However, the Court attempted to restrict its scope for misuse. The court held that unless accompanied by an incitement or call for violence, criticism of the government cannot be labelled sedition.

The sedition law has been in debate ever since it was brought into force by the colonial British rulers in the 1860s. Several top freedom movement leaders including Mahatma Gandhi and Jawaharlal Nehru were booked under the sedition law.
Mahatma Gandhi described it as the “prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen.”
Despite being cautioned by courts on numerous occasions, law enforcement agencies continue to misuse the provisions on sedition and ignore court directions. The problem therefore lies in the poor implementation of the law and guidelines.
As per the National Crime Records Bureau (NCRB) report, in 2020, 73 cases were filed and no one was convicted of sedition.
When the situation changes, the statute calls for a change as law cannot afford to remain static. The U.K. has repealed the offence of sedition in 2010 and India is holding onto a relic of the British Empire.
Several reports of the Law Commission of India and even the Supreme Court, have underlined the rampant misuse of the sedition law.
In its consultative paper on sedition, the Law Commission of India said dissent and criticism of the government are essential ingredients of a robust public debate in a vibrant democracy.
The Commission suggested it was time to rethink or even repeal Section 124A.

Why in News?

The government in the Supreme Court has said it has initiated the process of re-examination of Section 124A (sedition) of the Indian Penal Code and consultations are in its “final stage”.
In May last year, the court, in an interim order, had suspended the use of Section 124A, stalling pending criminal trials and court proceedings under Section 124A across the country.
However, in October 2022, the petitioners had alleged in the apex court that arrests and prosecutions under Section 124A were continuing despite the freeze.

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