Abstract

This research paper examines the historical development, judicial interpretation, international approach, and modern-day relevance of sedition law in India, with specific reference to the recently added Section 152 of the Bhartiya Nyaya Sanhita, 2023. Mapping the colonial lineage of sedition law from English legal principles to its codification in colonial India in the form of Section 124A of the Indian Penal Code, this paper critically examines how sedition in the past was used to quell dissent and silence political opposition. By classic judgments like Kedar Nath Singh v. State of Bihar, Romesh Thapar v. State of Madras, Balwant Singh v. State of Punjab, and S.G. Vombatkere v. Union of India, the Indian judiciary has consistently restricted the ambit of sedition to safeguard constitutional values of free speech and valid criticism. The paper also makes comparative analyses with foreign jurisdictions like the United States, United Kingdom, Canada, and Australia, all of which have repealed or reformed their sedition laws in accordance with democratic principles and human rights. In this context, it is the argument of the paper that Section 152 of the Bharatiya Nyaya Sanhita is a much-needed and opportune reform. It substitutes the ambiguous and colonial-era sedition provisions with a more precise, narrowly defined legal standard that criminalizes only those acts which actually endanger the integrity, unity, and sovereignty of the country while protecting democratic dissent. Finally, the study underscores the need to ensure that national security laws continue to stay constitutionally entrenched, judicially supervised, and democratically accountable.

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