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Sedition Law GS Paper - 2 Issues Arising Out of Design & Imp | Deepak UPSC Notes

Sedition Law

GS Paper - 2

Issues Arising Out of Design & Implementation of Policies

Government Policies & Interventions

Fundamental Rights

Judgements & Cases

Indian Constitution


Historical Background of Sedition Law:

Sedition laws were enacted in 17th century England when lawmakers believed that only good opinions of the government should survive, as bad opinions were detrimental to the government and monarchy.

The law was originally drafted in 1837 by Thomas Macaulay, the British historian-politician, but was inexplicably omitted when the Indian Penal Code (IPC) was enacted in 1860.

Section 124A was inserted in 1870 by an amendment introduced by Sir James Stephen when it felt the need for a specific section to deal with the offence.

Sedition Law Today: Sedition is a crime under Section 124A of the Indian Penal Code (IPC).

Section 124A IPC:

It defines sedition as an offence committed when "any person by words, either spoken or written, or by signs, or by visible 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".

Disaffection includes disloyalty and all feelings of enmity. However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offence under this section

Punishment for the Offence of Sedition:

Sedition is a non-bailable offence. Punishment under the Section 124A ranges from imprisonment up to three years to a life term, to which fine may be added.

A person charged under this law is barred from a government job.

They have to live without their passport and must produce themselves in the court at all times as and when required