The colonial regime had enacted several legislations in which charges of sedition were serious in nature. There is evidence that state and central governments have filed cases against those who raised their voices against the governments. In the course of time, many changes have happened in sedition law. And time and again, the governments have misused the provisions of the sedition law. This paper discusses the history and applicability of sedition laws in India and the governments’ attempts to misuse them.

The word “Sedition” does not occur in Section 124-A of the Indian Penal Code (IPC) or in the Defense of India Rule. It is only found as a marginal note to Section 124-A, and is not an operative part of the section but merely provides the name by which the crime defined in the section will be known.1 Today, the law of sedition in India has assumed controversial importance largely on account of changes in the body politic and also because of the constitutional provision of freedom of speech guaranteed as a fundamental right. The law of sedition as contained in Section 124-A of IPC was also embodied in some other statutes.2 However, the general statement of law was similar in all the provisions and could be gathered from Section 124-A of IPC. The legislative history of this section of the IPC dealing with sedition is 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 IPC. It was omitted from the IPC as enacted in 1860 for some unaccountable reason. In 1870, Section 124-A was inserted by IPC (Amendment) Act. This provision was later on replaced by the present Section 124-A, by an amending Act of 1898. Some changes of an inconsequential character were made by Adaptation of Laws Orders issued in 1937, 1948 and 1950 and by the Part B States (Laws) Act, 1951.

Law Review Journal, Applicability of Sedition Laws, Problems and Prospects