Critical Analysis of the Sedition Law in India: With Freedom of Speech

  • Abhineet Upadhyay
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  • Abhineet Upadhyay

    Student at CHRIST (Deemed to be University), Delhi NCR, India

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Sedition is a crime that involves inciting discontent or rebellion against the Government in power. In India, sedition is a criminal offense under Section 124A of the Indian Penal Code (IPC). This section defines sedition as an act that includes words, signs, or representations that can cause hatred or contempt for the government, or excite disaffection towards it. There has been some controversy surrounding the sedition law in India, with some arguing that it is being used to stifle dissent and suppress freedom of speech. Critics argue that the law is vague and can be misused by authorities to target individuals who are merely expressing their opinions, including journalists, activists, and academics. This shows that Sedition and freedom of speech are conflicting concepts as sedition laws criminalize speech that is considered seditious or disloyal to the government. Freedom of speech, on the other hand, is a fundamental right enshrined in many democratic constitutions, including India. In India, the Constitution guarantees the right to freedom of speech and expression under Article 19(1) (a), subject to reasonable restrictions. The Indian judiciary has recognized that freedom of speech and expression is essential for the functioning of a democratic society and has played a crucial role in upholding this right. However, the sedition law in India is often criticized for being too broad and vague, which can lead to its misuse by authorities to suppress legitimate dissent and criticism. There have been several instances in recent years where sedition laws have been used to silence voices critical of the government raising concerns about the impact on free speech. However, the Government of India upheld the Sedition Act, saying it was necessary to maintain law and order and protect the integrity of the country.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2440 - 2450


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