SECTION 124 (a) of Indian Penal Code

Sedition is an offence which is against the government of India. According to Indian penal code sedition is defined as
“Whoever, by 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 shall be punishable with Life Imprisonment or fine”.
So basically who so ever tries to spread hatred against the government of India by words, signs or
gesture with an aim spreading hate against the government of India and to create imminent violence and public disorder will be liable for the offense of sedition Indian penal code was drafted by lord Thomas Macaulay but sedition was not there the offense of sedition was added by amendment act of 1870 sedition was orginted by wahabis movement of 19th century.

The offense of sedition is against the sovernity of the country it is an cognizable offense ie. The person committing sedition can be arrested without an arrest warrant and police can start the investigation without the permission of the court. Article 19 of Indian constitution talks about right to freedom in which article 19(1)(a) is right to freedom of speech and expression but these freedoms are subjected to reasonable restrictions here the one a person has freedom of speech but he tries to defame a person in eyes of 3 party he will be liable for defamation and if tries to spread hatred against the government of India then a person would be liable for sedition In 1959, Allahabad High Court declared that Section 124A was ultra vires to Article 19(1)(a) of the Constitution.

The provision of sedition is present in other laws also

  1. Indian Penal Code, 1860 (Section 124A)
  2. The Code of Criminal Procedure, 1973 (Section 95)
  3. The Seditious Meetings Act, 1911 &
  4. The Unlawful Activities (Prevention) Act (Section 2(o) (iii)).
  5. Constitutionality of Law of Sedition in India
  6. Kedarnath Singh v. State of Bihar [13]
  7. It was held that the law is constitutional and covered written or spoken words that had the implicit idea of subverting the Government by violent means. With an intention to create public disorder, Citizens can criticize the Government as long as they are not inciting people to violence against the Government. Supreme Court upheld the validity of Section 124A, it limited its application to acts involving intention or tendency to create disorder, or a disturbance of law and order, or incitement to violence.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.