Sedition Law in India 124A - IPC

 

Relevancy of Ages old Sedition Law in India

 FACTS 

Section 124A of the Indian Penal Code was challenged in the Supreme Court in more than 9 petitions. Section 124A of the Indian Penal Code defines the offence and punishment of Sedition. The petitioners, in this case, challenged the law on the ground that it is a colonial law which is still being used to harass the freedom of speech and expression and also the country from which the law was borrowed i.e., the United Kingdom, itself scraped the law and repealed it.

In India, the case of Kedar Nath v. Union of India, 1962 is been followed in the cases of sedition. However, in the case of Kedar Nath, there are some points which are in contradiction to itself, for which the judgment was criticized as well.

The court sent notice of the same to the Government to which the Government replied that while committed to maintaining and protecting the sovereignty and integrity of this great nation, it has decided to re-examine and re-consider the provision of section 124A of the Indian Penal Code which can only be done before the Competent Forum and also asked Court that it may not invest time in examining the validity of Section 124A.

 WHAT DID THE COURT SAY? 

The court in view of the statement given by the Government, made the following Order in the interest of justice:

• The State and Central Governments will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC while the aforesaid provision of law is under consideration.

• If any fresh case is registered under Section 124A of IPC, the affected parties are at liberty to approach the concerned Courts for appropriate relief. The Courts are requested to examine the reliefs sought, taking into account the present order passed as well as the clear stand taken by the Union of India.

• All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance. Adjudication with respect to other Sections, if any, could proceed if the Courts are of the opinion that no prejudice would be caused to the accused. The Union of India shall be at liberty to issue the Directive as proposed and placed before us, to the State Governments/Union Territories to prevent any misuse of Section 124A of IPC.