LAW RELATING TO SEDITION IN INDIA: ISSUE AND CHALLENGES: A STUDY

Abstract

Sedition is not mentioned as one of the grounds on which restriction on the freedom of speech and expression may be imposed. The word Sedition has been a word of varying import in English Law, 150 years ago when holding a meeting or taking out a procession was considered Sedition. The term of Sedition is derived from the Latin word Sedition which in roman times meant an Insurrectionary Separation (Political or Military) Dissension, Civil Discord, Insurrection, Mutiny. It needs to be adverted that the word ‘Sedition’ does not turn up anywhere in the Indian constitution and if an offence against the state as enumerated in the Indian Penal Code, in which Article 19 of the constitution holds great relevance. Today the law of Sedition in India has assumed controversial importance largely on account of change in the body politic and also because of the constitutional provision of freedom of Speech guaranteed as fundamental right. The law of Sedition as continued in Section 124-A I.P.C was also embodied in some other statutes however the general statement of Law was similar in all the provisions and could be gathered from Section 124-A I.P.C. The legislative history of this section of the Indian Penal Code dealing with section of interest. The draft prepared by the Indian law commissioners in 1837 contained a provision on the topic and it was proposed to include it in the Indian Penal Code.