SEDITION

About: 

• View of Constitution: The Constitution of India does not define the word sedition. 
  • Article 19(1)(a) of the Constitution of India guarantees freedom of speech and expression to all citizens. 
    
    
  • However, this freedom is subjected to certain restrictions namely, interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. 
    
    
  • Thus, Sedition is not mentioned in constitution. 
    
    
  
  
  
• View of Indian Penal Code (IPC): Section 124-A of the IPC defines the offence of ‘Sedition’ – 
  • Whoever, by words (or by signs or visible representation) attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government shall be punished with life imprisonment. 
    
    
  • The word ‘disaffection’ in this section includes disloyalty and feelings of enmity. 
    
    
  • However, Comments expressing disapproval of the 'Government action without attempting to excite disaffection, do not constitute an offense under this section.' 
    
    
  
  
  
• History: 
  • Sedition was not a part of original IPC in the 1860s and was even dropped from the law. It was introduced in the IPC in the year 1870. 
    
    
  • The first known use of Sedition law was against Jogendra Chandra Bose, was charged in 1891 for his criticism of the “Age of Consent Bill”. 
    
    
  
  
  
• View of judiciary on sedition: In Kedar Nath Singh’s Case, the Constitution bench of the Supreme Court made it clear that allegedly seditious speech and expression may be punished only if the speech is an ‘incitement’ to ‘violence’, or ‘public disorder’.