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International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessArticleVol. 3 No. IV (2020)pp. 600–615

Sedition – Abuse of Process of Law & Threat to Survival of Democracy

RM
Rajnish ManiktalaSenior Advocate at HP High Court Shimla, India
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Published 13 August 2020 · pp. 600–615 · Vol. 3 No. IV (2020)
Abstract

The offence of Sedition, as contained in section 124-A of Indian Penal Code, is one of the most abused provisions of law. Despite the fact that Supreme Court laid down its essential ingredients in its Constitution Bench judgment in Kedar Nath case, followed by a number of other judgments, it is still mischievously invoked by overzealous people who cannot tolerate any criticism to the government’s point of view or by the government itself. A large percentage of such cases result in acquittal. But the ever increasing instances of use of this provision have a suffocating impact upon right to free speech and expression and democratic future of this country. The country of its origin, United Kingdom, has removed it from the Statute Book. In these circumstances, what should be the way out for us?

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How to cite

Rajnish Maniktala, Sedition – Abuse of Process of Law & Threat to Survival of Democracy, 3 Int'l J. L. Mgmt. & Human. 600 (2020).

Cite this article

Rajnish Maniktala, Sedition – Abuse of Process of Law & Threat to Survival of Democracy, 3 Int'l J. L. Mgmt. & Human. 600 (2020).
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