Section 124A deals with the sedition law under the Indian Penal Code; it was not originally the part of Indian Penal Code. In 1870 Babington Macaulay inserted this in the draft of the Indian Penal Code for handling the problem of sedition in India.

During the independence movement, the need for this law was felt by the Britishers as we were writing anti-British government, raised anti-government movement, and many leaders gave speeches against the British government. Consequently, this British government introduced the Sedition law in India.

Section 124 states that whoever by words, by signs, by representation or by any other manner attempts to bring hatred against the government of India shall be punished with life imprisonment or fine or three-year imprisonment.

Sedition is a non-bailable offence means a person cannot ask for bail as a matter of right from the magistrate till the trial got concluded.

In KEDARNATH SINGH VS STATE OF BIHAR, 1962 the court observed in this case that a citizen can write or speak whatever he wants to speak or write about government or can give measures by way of comment or criticism, this does not constitute a violation of sedition law till it doesn’t incite people to do violence.

In P. ALAVI VS STATE OF KERALA, 1982 the court observed in this case that the sloganeering against the government or parliament or judiciary set up doesn’t amount to sedition.

In BALWANT SINGH AND ANR VS STATE OF PUNJAB, 1995 the court observed in this case that raising the slogan of Khalistan zindabad a couple of times doesn’t affect the sovereignty of India and does not amount to sedition as the people are not reacting to the same.

Section 124A is always criticized by raising article 19 of the Indian constitution, which provides freedom of speech and expression.

Courts criticized the actions of government of using sedition law multiple times as this is against democracy.

Recently Supreme Court decided to check the constitutional validity of section 124A. Chief justice of India also raised his concerns against this law as this crush the liberty of the citizens of India.

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