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In the literal sense of the term, sedition refers to "conduct or speech inciting people to rebel against the authority of a state or monarch." Therefore, laws are needed to resist such actions. The purpose of having laws concerning sedition is to counter fostering anti-nationalistic feelings among the masses. The Indian Penal Code came into existence in the year 1860, after the recommendations of the first law commission headed by Thomas Babington Macaulay. At the very inception, section 124A was not a part of the original IPC and was only introduced in the year 1870 in chapter IV which deals with offenses against the state. Controversies with respect to sedition laws arose after the famous sedition trial of freedom fighter Bal Gangadhar Tilak. Likewise, many other freedom strugglers including Jawaharlal Nehru, Mahatma Gandhi, and Maulana Azad were booked under 124A. Sedition laws were made applicable in colonial India in order to stand up against revolters seeking freedom. Post Independence, in India, controversies still remained, but it shifted to a different domain. Sedition laws and the Freedom of Speech and Expression were put to opposing poles. The first case on sedition post Independence produced a landmark judgment with respect to sedition laws. In the case of Kedarnath Singh vs the State of Bihar, in the year 1962, the constitutionality of the section 124A of IPC was challenged and the Supreme court clearly differentiated between disloyalty to the government and commenting on the measures taken by the government without inciting public disorder by acts of violence.
Elements of sedition: section 124A reads " whoever, by words, either spoken or written, or by signs, or by visual 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. "
In order to constitute sedition under 124A of Indian Penal Code, the act of an individual must enable the following :
However, there are certain explanations accompanied by the section, which says that any kind of criticism, which is fair but strong and which is done with the mere intention of changing the existing government in a lawful manner - such acts does not fall within the ambit of sedition. Further, it states that any comment on the administrative policies of the government which does not excite people, also, does not constitute an offense under the section. The punishment laid down for the commission of the offense of sedition is imprisonment for life, which may be with fine or, imprisonment extending up to three years to which fine may be added, or simply fine may be charged for nominal and petty instances.
Conclusion: Sedition laws still exist and operate in India In spite of the fact that a lot of controversies exist with regard to its relevance and whether it should be removed.
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