Section 124A of the Indian Penal Code

Section 124A of the Indian Penal Code lays down the punishment for sedition. The Indian Penal Code was enacted in 1860, under the British Raj. Section 124A forms part of Chapter VI of the Code which deals with offences against the state. Chapter VI comprises sections from 121 to 130, wherein section 121A and 124A were introduced in 1870. The then British government of India feared that the Khilafat movement on the Indian subcontinent would wage a war against them. Particularly after the successful suppression of Wahabi/Waliullah Movement[citation needed], the need was felt for such a law. Throughout the Raj, the section was used to suppress political dissent in favour of independence, including Lokmanya Tilak and Mahatma Gandhi, both of whom were found guilty and imprisoned.

The section kept drawing criticism in the independent India as well for being a hindrance to free speech. Sedition was made a cognisable offence for the first time in history in India, during the tenure of PM Indira Gandhi in 1973, that is, arrest without a police warrant was now permissible.[1][2] In 1962 the Supreme Court of India interpreted the section to apply only if there is, say, "incitement to violence" or "overthrowing a democratically elected government through violent means".[2]

As of 11 May 2022 This law has been put on temporary hold by Supreme Court of India citing re-examination.[3] In December 2023, Home Minister Amit Shah introduces the criminal law into the parliament and said sedition has been turned into treason. As per the proposed laws, criticising government is fully permissible. Any activity will be considered treason only if it is intended against the integrity, sovereignty and unity of the nation.[4]

  1. ^ Chndrachud, Abhinav (22 February 2021). "The Case to Amend Sedition Law, India's Self-Inflicted Wound". TheLeaflet. Retrieved 5 March 2021.
  2. ^ a b Utkarsh, Anand (4 March 2021). "Disagreeing with govt is not sedition, says SC". Hindustan Times. Retrieved 5 March 2021.
  3. ^ "SC puts sedition trials on hold until Govt re-examines it, says affected can seek relief". The Indian Express. 12 May 2022. Retrieved 12 May 2022.
  4. ^ "'Sedition to be treason': Amit Shah explains proposed changes to criminal laws". Hindustan Times. 21 December 2023. Retrieved 21 December 2023.

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