Section 124A in The Indian Penal Code

Section 124A in The Indian Penal Code

Recently, the Central Government has informed the Supreme Court that fresh consultations on the sedition law are in the final stages.

This information has been given during the hearing of a petition challenging the sedition law under section 124A of the Indian Penal Code (IPC).

The IPC defines sedition as an offence. Sedition as per section 124A of IPC-

“Whoever, 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 in India shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

Sedition is a cognizable, non-bailable and non-compoundable offence. A person shall be punished with imprisonment of either description for a term which may extend to three years, or with imprisonment for life, or with fine.

A person accused of sedition is barred from government service. He is not issued a passport. In addition, he has to present himself before the court when required.

Supreme Court’s opinion on sedition –

  • Kedar Nath v. State of Bihar, 1962: Citizens have the right to criticize or comment on the government or its actions to the extent that it does not lead to an incident of violence.
  • Alvi v. State of Kerala, 1982: Raising slogans and criticism against Parliament or the judicial system is not sedition.
  • In May 2022, the court said that the sedition law should be effectively suspended till the central government reconsiders it.

Source – The Hindu

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