Explainer: Sedition and its discontents
5 years, 11 months ago

Explainer: Sedition and its discontents

The Hindu  

What does Section 124-A of the IPC say? The section deals with the offence of sedition, a term that covers speech or writing, or any form of visible representation, which brings the government into hatred or contempt, or excites disaffection towards the government, or attempts to do so. However, it also says expressing disapproval of government measures or actions, with a view to getting them changed by lawful means, without promoting hatred or disaffection or contempt towards the government will not come under this section. Jawaharlal Nehru University students and activists, Assamese scholar Hiren Gohain and Manipur journalist Kishorchandra Wangkhem are prominent among those booked in recent days. Liberals and rights activists have been demanding the scrapping of Section 124A from the statute books, arguing that it has no place in a democracy and that it is being invoked even in cases where there is no incitement to violence or tendency to create public disorder.

This Section  speech  discontents  wangkhem  activists  public  term  violence  disaffection  law  disorder  explainer  offence  sedition

History of this topic

New law repackaged sedition, should not be used to stifle dissent: High Court
3 weeks, 3 days ago

New law repackaged sedition, should not be used to stifle dissent: High Court

India Today  

The Rajasthan High Court has observed that Section 152 of the Bharatiya Nyaya Sanhita appears to be reintroducing sedition laws from the scrapped Indian Penal Code and should not be used to cripple legitimate dissent. Justice Arun Monga also pointed out that the BNS provision is similarly worded to the sedition offence originally introduced by the British. The High Court …

Human Rights Organisations Condemn Criminal Complaint Against Mohammed Zubair
1 month ago

Human Rights Organisations Condemn Criminal Complaint Against Mohammed Zubair

The Quint  

The FIR cites seven different legal provisions, including section 66 of the IT Act and different sections of the BNS, the 2023 reform of India’s penal code, which was passed during British colonial rule. Section 152 states that anyone who “excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers …

DC Edit | Let new criminal laws strengthen democracy
10 months, 3 weeks ago

DC Edit | Let new criminal laws strengthen democracy

Deccan Chronicle  

India will soon be witnessing an interesting transformation in an area that touches everyone’s lives — administration of criminal justice. The Union government has notified the three new criminal laws — the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Act, 2023, which will replace Indian Penal Code, 1860, the Code of Criminal Procedure, 1974, …

Sedition gets new name in bill; ambit wider, penalty harsher
1 year, 5 months ago

Sedition gets new name in bill; ambit wider, penalty harsher

Hindustan Times  

New Delhi The act of sedition continues to be a crime under a proposed Indian law introduced in the Lok Sabha on Friday, albeit under a different name, with the punishment for it actually being increased. An analysis of the Bharativa Nyaya Sanita Bill, 2023, however, suggests that the offence of sedition has been retained under the proposed law with …

India repeals outdated British-era sedition law. Experts call it a ‘repackaging’ exercise
1 year, 5 months ago

India repeals outdated British-era sedition law. Experts call it a ‘repackaging’ exercise

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy India’s outdated British-era sedition law …

Rethink the retention of sedition
1 year, 6 months ago

Rethink the retention of sedition

The Hindu  

The Law Commission of India in its 279th report, released in April 2023, has recommended retaining one of the most controversial sections of recent times i.e., Section 124A of the Indian Penal Code on ‘sedition’. The Supreme Court of India, in S.G. Vombatkere v. Union of India on May 11, 2022, had directed all State governments and the central government …

Where anyone can be accused of sedition
1 year, 7 months ago

Where anyone can be accused of sedition

The Hindu  

French author Andre Gide once said, “Everything has been said before, but since nobody listens we have to keep going back and beginning all over again.” This captures the current state of the debate on sedition in India. The 279th Law Commission Report, laying down the grounds for retaining sedition, is starkly symbolic of how “nobody listens.” The Commission has …

Law Commission’s Report on Sedition Ignores Free Speech Law and Indian Colonial History
1 year, 7 months ago

Law Commission’s Report on Sedition Ignores Free Speech Law and Indian Colonial History

Live Law  

The Law Commission of India released its 279th Report on ‘Usage of the Law of Sedition”. This argument is buttressed by a 2016 paper by philosophy professor Arudra Burra that problematizes the idea of the colonial nature of Indian law by asserting that the colonial origin of laws are “normatively neutral”. While the British government faced threats to its stability …

Sedition law report: A regressive step by Law Commission
1 year, 7 months ago

Sedition law report: A regressive step by Law Commission

The Hindu  

Published : Jun 08, 2023 19:40 IST - 7 MINS READ The 22nd Law Commission has recommended that Section 124 A of the Indian Penal Code dealing with the offence of sedition be retained and that the minimum jail term for the offence be enhanced from three years to seven years. While the Court practically suspended the provision, the Law …

End the debate: The Hindu Editorial on the Law Commission’s recommendation on sedition
1 year, 7 months ago

End the debate: The Hindu Editorial on the Law Commission’s recommendation on sedition

The Hindu  

The Law Commission’s recommendation that the offence of sedition be retained in penal law, albeit with some safeguards, flies in the face of current judicial and political thinking that the country may not need this colonial vestige any more. Section 124A of the IPC, which describes sedition, seeks to punish speech or writing that brings or tries to bring into …

Sedition — illogical equation of government with state
1 year, 7 months ago

Sedition — illogical equation of government with state

The Hindu  

In its 279th Report, the Law Commission of India has recommended the retention of Section 124A of the Indian Penal Code which contains the Law of Sedition. The offence is in bringing or attempting to bring in hatred or contempt or exciting or attempting to excite disaffection towards the government established by law. The first major case was Queen Empress …

Law Commission's Report on Sedition Ignores Free Speech, Lacks Depth
1 year, 7 months ago

Law Commission's Report on Sedition Ignores Free Speech, Lacks Depth

The Quint  

The 279th report proposes that the scope of sedition be expanded to include even speech which does not incite any violence or public disorder but which may have a “tendency” to do so. In doing so, the Commission completely misreads the Constitution Bench judgement of Kedar Nath Singh v State of Bihar and outrightly ignores subsequent jurisprudence which has interpreted …

DC Edit | It's time to scrap sedition law, not make it harsher
1 year, 7 months ago

DC Edit | It's time to scrap sedition law, not make it harsher

Deccan Chronicle  

The Law Commission’s recommendation that Section 124A of the Indian Penal Code which deals with sedition be retained with more stringent punishment goes against the grain of the ground realities and instead reflects the thought shared by a section of our society which is yet to recognise the establishment of the Indian democratic republic with a Constitution of its own. …

Sedition law mustn’t trump basic rights
1 year, 7 months ago

Sedition law mustn’t trump basic rights

Hindustan Times  

Among the slew of colonial-era statutes that survive in India’s criminal law books today, sedition is among the most controversial. In a historic order last year, the Supreme Court hit pause on the provision, ruling that the law was not in sync with the social milieu. Last week, however, the Law Commission recommended that the 153-year-old colonial law be retained, …

Govt. wants to make sedition law more draconian: Congress
1 year, 7 months ago

Govt. wants to make sedition law more draconian: Congress

The Hindu  

Citing the Law Commission’s backing of Section 124 A of the Indian Penal Code, pertaining to sedition, the Congress on Friday alleged that the BJP government was planning to make the law more “draconian” and wanted to send a message before the next general election that it would be used against Opposition leaders. The principal Opposition party alleged that the …

Law Commission asks to retain sedition law; proposes amendments for clarity
1 year, 7 months ago

Law Commission asks to retain sedition law; proposes amendments for clarity

Live Mint  

The Law Commission has expressed its opinion that Section 124A of the Indian Penal Code, which pertains to sedition laws, should be retained. "In this context, it is also alternatively suggested that a provision analogous to Section 196 of the Code of Criminal Procedure, 1973 may be incorporated as a proviso to Section 154 of CrPC, which would provide the …

Sedition law can be retained but with safeguards: Law Commission
1 year, 7 months ago

Sedition law can be retained but with safeguards: Law Commission

The Hindu  

The Section 124A of the Indian Penal Code dealing with sedition needs to be retained but certain amendments could be made for greater clarity regarding its usage, the 22nd Law Commission has said in its report to the government. “In this context, it is also alternatively suggested that a provision analogous to Section 196 of the Code of Criminal Procedure, …

Order putting sedition law on hold to continue; SC grants time to Centre
2 years, 2 months ago

Order putting sedition law on hold to continue; SC grants time to Centre

The Hindu  

An interim order putting on hold the contentious sedition law and the consequential registration of FIRs will continue as the Supreme Court granted additional time to the Centre on Monday to take "appropriate steps" with regard to the reviewing of the colonial-era provision. A bench of Chief Justice Uday Umesh Lalit and justices S. Ravindra Bhat and Bela M. Trivedi …

Substance of offence of sedition snuck into UAPA with more draconian consequences, say former bureaucrats
2 years, 7 months ago

Substance of offence of sedition snuck into UAPA with more draconian consequences, say former bureaucrats

The Hindu  

A month after the sedition law was suspended, a group of over 100 former bureaucrats on June 12 said deleting IPC section 124A while retaining criminalisation of "unlawful activities" under the UAPA will give a "substantial political advantage" to the Union government and the party in power at the national level. The statement said that over the years, "slowly and …

The Sedition Law: Landmark order
2 years, 8 months ago

The Sedition Law: Landmark order

The Hindu  

T he recent order of the Supreme Court in a case filed by Major General S.G. Vombatkere as well as the People’s Union of Civil Liberties and a range of other petitioners challenging the constitutional validity of Section 124A of the Indian Penal Code has come as a ray of hope that the issue of sedition will cease to be …

What does sedition law have to do with Pasoori?
2 years, 8 months ago

What does sedition law have to do with Pasoori?

Deccan Chronicle  

Samjho ki sedition law gaya! No matter what squeaky noises are made by India’s law minister, the articulate and cute Kiren Rijuju, about some vaguely defined “lakshman rekha”, as of now, the citizens of India have won a major victory, thanks to the learned and wise Supreme Court judges who have installed an unambiguous protective apparatus, pending the Centre’s review. …

Is This the Beginning of the End of Sedition Law in India?
2 years, 8 months ago

Is This the Beginning of the End of Sedition Law in India?

News 18  

Probably, in a first in independent India’s history, a criminal law has been put on hold by the apex court when the central government decided to review its provision. A three-judge bench led by Chief Justice of India N.V. Ramana held in its order that “Union of India agrees with the prima facie opinion expressed by this court that the …

How various countries have junked sedition law
2 years, 8 months ago

How various countries have junked sedition law

India Today  

The Supreme Court on Wednesday, in a historical decision, put a stay on the 152-year-old sedition law under Section 124A of the Indian Penal Code till the Union government reconsiders the provision. Singapore Last year, Singapore, which like India inherited colonial English law, repealed its sedition law 83 years after it was first introduced to curb local opposition to British …

India’s Supreme Court suspends all cases involving controversial colonial-era charge of ‘sedition’
2 years, 8 months ago

India’s Supreme Court suspends all cases involving controversial colonial-era charge of ‘sedition’

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy In a historic development, the …

India puts hold on harsh sedition law used to stifle critics
2 years, 8 months ago

India puts hold on harsh sedition law used to stifle critics

Associated Press  

NEW DELHI — India’s top court put the country’s colonial-era sedition law on hold Wednesday. “It will be appropriate not to use this provision of law till further reexamination is over,” the three-judge bench headed by India’s Chief Justice N.V. Ramana said in New Delhi. India’s sedition law, like its equivalent in other formerly British-ruled countries, offers a legal framework …

Sedition law on hold: Top 5 things Supreme Court said in order
2 years, 8 months ago

Sedition law on hold: Top 5 things Supreme Court said in order

India Today  

In a historic order, the Supreme Court on Wednesday put on hold Section 124A of the Indian Penal Code, known as the sedition law in common parlance. The order was pronounced by a bench comprising Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli while hearing a batch of petitions challenging the constitutional validity of the …

'Govt Doing What Nehru Couldn't': Centre tells Supreme Court on Re-examining Sedition Law
2 years, 8 months ago

'Govt Doing What Nehru Couldn't': Centre tells Supreme Court on Re-examining Sedition Law

News 18  

India’s first prime minister Jawaharlal Nehru, on Tuesday, found a mention in the Supreme Court during the hearing of pleas challenging the sedition law. Senior advocate Kapil Sibal, who was representing the petitioners arguing about the misuse of sedition law, said that former PM Nehru had echoed similar thoughts regarding Section 124A, which criminalises sedition. We are trying to do …

Committee on criminal law reforms recommended amendments to sedition law
2 years, 8 months ago

Committee on criminal law reforms recommended amendments to sedition law

The Hindu  

A panel of experts constituted by the Ministry of Home Affairs to suggest reforms to the British-era Indian Penal Code has recommended amendments to the sedition law, a senior government official told The Hindu. The Committee for Reforms in Criminal Laws appointed by the MHA in 2020 submitted an exhaustive report in March, which among other IPC sections also examined …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 8 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The bench will consider today the preliminary issue of whether a reference to a larger bench is …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 8 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The bench will consider today the preliminary issue of whether a reference to a larger bench is …

The Sedition Saga: As SC Passes Massive Order Pausing the Colonial-Era Law, its History and Controversy Decoded
2 years, 8 months ago

The Sedition Saga: As SC Passes Massive Order Pausing the Colonial-Era Law, its History and Controversy Decoded

News 18  

In a historic order suspending the colonial-era sedition law temporarily, the Supreme Court on Wednesday asked the Centre and states to not file fresh FIRs under the Section 124A of the Indian Penal Code which criminalises the offence of sedition. Punishment Under IPC Section 124A As mentioned under Section 124A of the Indian Penal Code, “Whoever, by words, either spoken …

Explained: How successive state and central governments have defended sedition law in the past
2 years, 8 months ago

Explained: How successive state and central governments have defended sedition law in the past

Firstpost  

From the Aseem Trivedi case of 2012 to the Rana couple incident of 2022, different parties have used the contentious legislation and defended it, despite opposition from other corners After calling sedition a “good law” and telling the Supreme Court that there was no need to strike it down, the Centre on Monday climbed down from its previous stance, saying …

Will re-examine sedition law: Centre to Supreme Court
2 years, 8 months ago

Will re-examine sedition law: Centre to Supreme Court

Deccan Chronicle  

New Delhi: Just one day ahead of the hearing on whether the challenge to the constitutional validity of the sedition law should be heard by a larger five-judge Constitution Bench, the Central government on Monday told the Supreme Court it had decided to “re-examine and reconsider” the provisions of the colonial-era law, and urged the court not to go ahead …

Repeal the sedition law
2 years, 8 months ago

Repeal the sedition law

Hindustan Times  

Liking a social media post; cheering a team in a cricket match; criticising government policy or leaders – these are some of the grounds on which have authorities slapped sedition charges on Indian citizens in the past five years, underlining how the stringent provision, a relic of colonial-era law-making, was increasingly being used as a tool by governments of various …

Explained: India’s ‘colonial’ Sedition law - origins, govt abuse & courts’ take on it
2 years, 8 months ago

Explained: India’s ‘colonial’ Sedition law - origins, govt abuse & courts’ take on it

The Hindu  

Sedition is once again the subject of debate as the Supreme Court Court is hearing pleas challenging it. The apex court had first issued a notice to the Centre in July 2021 about the challenge to the legality of Section 124A Indian Penal Code, which criminalises sedition. Drafted by British historian-politician Thomas Babington Macaulay in 1837, sedition was defined as …

SC to hear pleas to scrap the sedition law today: Explaining the British-era offence and how it's being 'misused'
2 years, 8 months ago

SC to hear pleas to scrap the sedition law today: Explaining the British-era offence and how it's being 'misused'

Firstpost  

The Apex court last year had asked the Centre why it was not repealing the colonial-era law used by the British to silence people like Mahatma Gandhi to suppress the freedom movement, as it expressed concern over the misuse of the provision A Supreme Court bench is scheduled to hear on Wednesday a batch of petitions challenging the constitutional validity …

In Supreme Court Today, Pleas to Scrap Sedition Law. A Look at History of the Provision & What It Means
2 years, 8 months ago

In Supreme Court Today, Pleas to Scrap Sedition Law. A Look at History of the Provision & What It Means

News 18  

A three-judge bench of Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli of the Supreme Court is scheduled to hear on Wednesday a batch of petitions challenging the constitutional validity of the sedition law. In April last year, the top court had asked the Centre why it was not repealing the provision used by the British to …

No Proposal To Scrap Sedition Offence Under Section 124A IPC : Centre Tells Lok Sabha
3 years, 1 month ago

No Proposal To Scrap Sedition Offence Under Section 124A IPC : Centre Tells Lok Sabha

Live Law  

Union Law Minister Kiren Rijiju informed the Lok Sabha by a written reply that there is no proposal to scrap sedition law. Mr. Rijiju stated in his response that no such observations regarding Sedition law being colonial in nature or it being misused have been found in any judgement/order delivered by the Supreme Court of India. Ltd & Another vs …

Freedom from sedition
3 years, 5 months ago

Freedom from sedition

The Hindu  

Seventy-four years after Independence, the time has come for us to seriously ask whether the law of sedition in India needs to be reconsidered. However, the fear that the police might arrest you on trumped up charges of sedition if you criticise the government serves as a serious fetter on the fundamental right to free speech and expression. Consequently, though …

‘Sedition’ in freedom struggle
3 years, 5 months ago

‘Sedition’ in freedom struggle

The Hindu  

The history of India’s struggle for freedom from British rule is the history of the repressive laws of sedition in India. Language may be tolerated in England which it is unsafe to tolerate in India..” Sedition law in theory & practice Tilak’s two trials for sedition exposed the falsehoods in the apologies of the draftsmen of the offence of “sedition”, …

Sedition Law Hinders Full Realization Of Free Press: Journalists Patricia Mukhim and Anuradha Bhasin Move Supreme Court Against Section 124A IPC
3 years, 5 months ago

Sedition Law Hinders Full Realization Of Free Press: Journalists Patricia Mukhim and Anuradha Bhasin Move Supreme Court Against Section 124A IPC

Live Law  

Another petition has been filed before the Supreme Court challenging the constitutional validity of the offence of sedition as codified in Section 124A of the Indian Penal Code. The petition has been filed by two women journalists, Patricia Mukhim and Anuradha Bhasin, claiming that the use of sedition offence to intimidate, silence and punish journalists, has continued unrestrained and the …

Overdue review: The Hindu Editorial on the sedition law
3 years, 5 months ago

Overdue review: The Hindu Editorial on the sedition law

The Hindu  

It is gratifying to note that the Supreme Court, while indicating its intention to reconsider the sedition provision in the Indian Penal Code, has raised the question most relevant to the issue: “ Why does Section 124A continue in the statute book even after 75 years of independence? The issues flagged by the Chief Justice of India may set the …

'Anachronistic, Repressive': PUCL Moves Supreme Court Challenging Constitutional Validity Of Offence Of Sedition U/S 124A IPC
3 years, 6 months ago

'Anachronistic, Repressive': PUCL Moves Supreme Court Challenging Constitutional Validity Of Offence Of Sedition U/S 124A IPC

Live Law  

The People's Union for Civil Liberties has moved the Supreme Court challenging the offence of Sedition, punishable under Section 124-A IPC. In fact, the judgment fails to analyze the provision on following counts: Constituent Assembly Debates related to Sedition Development & interpretation of Article 19 and reasonable restrictions under Article 19 Relevancy of the provision in independent India Proximate nexus …

’A serious threat’: SC questions Centre on ’colonial’ sedition law
3 years, 6 months ago

’A serious threat’: SC questions Centre on ’colonial’ sedition law

Live Mint  

Terming it "colonial", the Supreme Court on Thursday asked the central government if India still needs the sedition law. "It was meant to suppress the freedom movement and the same law was used by the British against Mahatma Gandhi and Bal Gangadhar Tilak," it said. The SC said that it will examine the validity of the sedition law and asked …

SC terms sedition law British colonial legacy, asks Centre why retain it
3 years, 6 months ago

SC terms sedition law British colonial legacy, asks Centre why retain it

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday asked the Centre why does the sedition law, which was used by British colonial masters to suppress the freedom movement and freedom fighters, including Mahatma Gandhi and Bal Gangadhar Tilak, continues to exist 75 years after Independence as it expressed concern over its widespread misuse and lack of accountability of the government that …

'Used by British to silence Mahatma Gandhi, is it still needed?': SC on sedition law
3 years, 6 months ago

'Used by British to silence Mahatma Gandhi, is it still needed?': SC on sedition law

India TV News  

Sedition Law Supreme Court Hearing Update: The Supreme Court on Thursday described the sedition law as 'colonial' and as one which was used by the British against Mahatma Gandhi while issuing a notice to the Centre. Hearing a plea seeking to strike down Section 124A of the Indian Penal Code which criminalises the offence of sedition, the apex court questioned …

Why do you need the ‘colonial law’ of sedition after 75 years of Independence, CJI asks govt.
3 years, 6 months ago

Why do you need the ‘colonial law’ of sedition after 75 years of Independence, CJI asks govt.

The Hindu  

Chief Justice of India N.V. Ramana, in what may be an unprecedented judicial criticism of the way the sedition law is used by the government to crush liberties, asked why a colonial law used against Mahatma Gandhi and Bal Gangadhar Tilak continued to survive in the law book after 75 years of Independence. Is this law necessary after 75 years …

Challenge To Sedition Offence : Supreme Court Seeks Responses Of Attorney General, Union of India; Hearing On July 27
3 years, 6 months ago

Challenge To Sedition Offence : Supreme Court Seeks Responses Of Attorney General, Union of India; Hearing On July 27

Live Law  

The Supreme Court on Monday adjourned to July 27 the hearing of the challenge to the constitutionality of the offence of sedition under Section 124A of the Indian Penal Code.Attorney General for India KK Venugopal, to whom the bench had issued notice on the petition on April 30, and Solicitor General Tushar Mehta, who was appearing for the Union of …

Colonial legacy of sedition law cannot be overlooked: NIA court
3 years, 6 months ago

Colonial legacy of sedition law cannot be overlooked: NIA court

The Hindu  

A special court of the National Investigation Agency has said the colonial legacy of the sedition law cannot be overlooked while hoping that activist-MLA Akhil Gogoi’s case based on insufficient evidence would be an exception for the investigation agency that the country expects to set high standards. “This is to ensure that while enforcing this penal law by police and …

The law of sedition is unconstitutional
3 years, 6 months ago

The law of sedition is unconstitutional

The Hindu  

In Vinod Dua’s case, the Supreme Court of India has reaffirmed the law of sedition laid down in Kedar Nath Singh and directed governments to adhere to it. In the Bangobasi case in 1891, Bal Gangadhar Tilak’s case in 1897 and 1908 and Mahatma Gandhi’s case in 1922, the High Courts, and ultimately the judicial committee of the Privy Council, …

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