Criminalization of Peaceful Expressions and Law of Sedition in India

Earlier Sec. 124 A of IPC, 1860 used to deal with ‘Sedition’. Now, it has been removed. However, Section 152 of BNS, 2023 criminalizes the acts that ‘incite secession, armed rebellion, or subversive activities, separatist activities that endanger India’s sovereignty, unity, and integrity’. Sedition punishes material that incites hate, contempt, or disaffection for the government because it might cause vehemence or public disorder. Criticizing government legislation or administration is not seditious. It is a highly condemned and controversial provision that is principally employed to conquer discord in politics. It allegedly restricts free speech and expression. The government must define the jurisprudential limits of sedition law or it will be misused and the state unable to guarantee free speech and democracy. This article explores the justification for outlawing sedition before placing India’s experience in historical perspective in light of its colonial background and current regime. The law’s usage as a political tool is discussed in the article’s conclusion, and it is debated as to whether it should be abolished or changed in order to save Indian democracy from a crisis of the rule of law.