SEDITION LAW


Every citizen has been given freedom to speak and express their views under Article 19(1)(a) of the Indian Constitution. However, this freedom is not absolute and some reasonable restrictions have been imposed on freedom of speech and expression under Article 19(2). But when a person does an act by his words, signs or representation which is held to be contemptuous towards the Government of India, then such act is punishable under section 124-A of Indian Penal Code, 1860. Sedition is an offence that criminalizes speech that is regarded to be disloyal to or threatening to the state.
The provision of Section 124A is very wide and it covers the act of defamation of the Government excluding any criticism in good faith of any particular measures or acts of administration.
 WHAT IS SEDITION LAW?
Section 124A of the Indian Penal Code (IPC), which deals with sedition, was drafted by Thomas Babington Macaulay and included in the IPC in 1870.
 WHAT DOES SECTION 124 A STATES?
SECTION 124A OF THE IPC, WHICH DEALS WITH SEDITION, STATES,
“WHOEVER, 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 SHALL BE PUNISHED WITH IMPRISONMENT FOR LIFE, TO WHICH FINE MAY BE ADDED, OR WITH IMPRISONMENT WHICH MAY EXTEND TO THREE YEARS, TO WHICH FINE MAY BE ADDED, OR WITH FINE.”
 PUNISHMENT UNDER SECTION 124A:
 Sedition is a non-bailable offence.
 Punishment under the law varies from imprisonment up to three years to a life term and fine.
 person charged under this law can't apply for a government job.
 They have to live without their passport and must present themselves in the court as and when required.
Bibliography:
 https://en.m.wikipedia.org/wiki/Section_124A_of_the_Indian_Penal_Code
 https://www.lawteacher.net/free-law-essays/administrative-law/sedition-law-and-indian-democracy-administrative-law-essay.php
 https://indianexpress-com.cdn.ampproject.org/v/s/indianexpress.com/article/explained/simply-put-sedition-law-what-courts-said-6254972/lite/?amp_gsa=1&amp_js_v=a6&usqp=mq331AQHKAFQArABIA%3D%3D#amp_tf=From%20%251%24s&aoh=16177060594587&referrer=https%3A%2F%2Fwww.google.com&ampshare=https%3A%2F%2Findianexpress.com%2Farticle%2Fexplained%2Fsimply-put-sedition-law-what-courts-said-6254972%2F
 https://m-timesofindia-com.cdn.ampproject.org/v/s/m.timesofindia.com/india/what-is-sedition-law-explainer/amp_articleshow/73168127.cms?amp_gsa=1&amp_js_v=a6&usqp=mq331AQHKAFQArABIA%3D%3D#amp_tf=From%20%251%24s&aoh=16177061043154&referrer=https%3A%2F%2Fwww.google.com


MONISA USMANI

Comments

Post a Comment

Popular posts from this blog

DELAYED JUSTICE IN DEATH PENALTY

Image
Justice is rightly called the shield of innocence and guardian of civil rights, as Martin Luther King said, “injustice anywhere is threat to justice everywhere”.  Justice basically means being just, impartial, fair and right. Justice to the accused/convict is as important as justice to the victim. Capital punishment has been in talk in India and other countries as well. In 1982, in the Bachan Singh Vs State of Punjab, the Supreme Court propounded the “rarest of rare” doctrine and since then, life sentence is the rule and the death sentence the exception. Capital Punishment is awarded in cases related to rape, murder, terrorism and atrocity. In Law Commission of India’s report on Death Penalty in 2015, it was stated that there were 12 crimes under IPC and 22 other laws which prescribed death penalty. In 2019, the NDA government amended the POCSO Act in order to grant death penalty to those who indulge in aggravated sexual assault against children.  William Edward Gl...
Read more

THE SEBI-IBC RIFT

Image
 IBC is a consolidating act aiming to prevent delays. SEBI is a regulatory authority which was established by the SEBI act 1992 to protect the interest of investors and it has the power to encompass the stock exchange regulations. Recently IBC and SEBI has a rift over the issue of jurisdiction. SEBI was ordered by the NCLT to de-attach the property belonging to the corporate firm which was admitted in the corporate insolvency resolution process under IBC. As soon as SEBI came to know about this, they attached the assets of the corporate firm to compensate the investors under sections 11 and 11B of the act but in that time investors filled for the CIRP in NCLT against the company. Layman's CIRP definition "the corporate insolvency resolution process (CIRP) is a recovery mechanism given under the IBC to the creditors when the firm becomes insolvent". Thus property attached by SEBI should be de-attached because investors have already applied for the process o...
Read more

ABETMENT OF SUICIDE

Image
Introduction: The term 'abetment' refers to the instigation, conspiracy, or aiding in the commission of a crime in the context of suicide, it usually refers to the instigation of the person who has committed suicide. Abetment of suicide is defined under Section 107 of IPC, where as abetment is defined under Section 109 IPC and it is punishable under section 309 IPC. Legally, whether a death is a suicide or not is a factual determination, which means evidence must be evaluated to determine whether or not the death was a suicide. Suicide abettment is a cognizable, non-bailable, and non-compoundable. The crime of abetment of suicide has two main elements- 1. a suicide death, 2. the accused's intent to aid in such suicide. 3. involvement of the accused should be direct In case of M. Mohan v. The State,[1] it was held that there should be a direct link between the accused's actions and the act of committing suicide. It cannot be said that the accused instigated or intenti...
Read more