It was drafted by Thomas Macaulay and introduced in 1870. People from diverse backgrounds have been charged under this section. Gandhi was overwhelmed and felt honored when his case was compared to Tilak’s. In his defense, he had argued that if at all he had excited any defection, it was against a foreign occupation over India.

Bal Gangadhar Tilak was tried thrice under this provision and in one case, was famously defended by Muhammad Ali Jinnah. Sedition may include any commotion, though not aimed at direct and open violence against the laws.

RSTV: THE BIG PICTURE- SEDITION LAW AND DEBATE Introduction: A legal opinion sought by the Centre on a Law Commission report on the British era sedition law has stated that “Section 124A – sedition as interpreted by the Supreme Court is necessary”. Sedition is overt conduct, such as speech and organization, that tends toward insurrection against the established order. International law is crystal clear: Criticism of the government and its institutions, even harsh criticism, is a protected form of expression.Unsurprisingly, the vagueness in its text has also allowed sedition to be misused against political activists, human rights defenders and other individuals exercising or demanding their constitutional rights.A key precondition to a fair trial recognised universally is that criminal offences must be prescribed by law and must conform to the principle of legality.

When charged with sedition by the British colonial government in 1922 for his articles published in a local magazine, Gandhi famously said: “Section 124A, under which I am happily charged, is perhaps the prince among the political sections of the Indian Penal Code designed to suppress the liberty of a citizen...Affection cannot be manufactured or regulated by the law.

British sedition laws were extensively used in the 18th and 19th centuries, most notably against John Wilkes, who was a radical MP and civil rights activist who bravely challenged the extent of freedom of speech and media freedom in Britian at that time through his publication North Briton, but it was eventually declared seditious by parliament and was publicly burned. Section 124A of the Indian Penal Code 1860, i.e., the law of sedition is one such law. Ram Nandan was charged under this section for giving an inflammatory speech against the Central government for not addressing the issues of poverty and laborers. A mad and exaggerated form of this cult of nationalism is today running rampant.”As Gandhi said affection towards any authority can be cultivated only through mutual consent and respect and not by fear or force. The court upheld the constitutionality of the provision by reasoning that if there are two interpretations of a statute, and one interpretation will render the provision as unconstitutional while another will make it constitutional, the court shall go by the latter interpretation. Its roots could be traced deep within the age-old English common law. A seditionist is one who engages in or promotes the interest of sedition. While the British government mainly used it against politicians like Gandhi, Nehru, Tilak, Azad, etc, independent India has used it even against dissenting doctors, students, teachers, journalists, human rights activists, scholars, poor, tribals and so on. British Government of India had inserted it in the penal code in the late 19th century to curb anti-colonial activities in British India. This was done primarily to eliminate any possible loophole in the provision which could give an accused the benefit of the doubt. Tilak was tried again in 1908 after an editorial in his newspaper ‘Kesari’ severely criticized the government policies of curbing press freedom. Given its frequent misuse, Indians must give serious thoughts over the need, rationale, and utility of having a sedition law in Independent India.The sedition law has been often misused by the colonial dispensation and its legacy of misuse continued even after independence as successive Indian governments did not hesitate in invoking it to curb dissent and harass individuals who were too critical of government policies. British colonial era laws continue to have relevancy in the legal systems of India and Pakistan. Allahabad HC overturned the conviction and also declared S.124A IPC to be ultra-vires of the Constitution because it restricted freedom of speech and expression regardless of the fact as to whether such an expression tended to cause public disorder. A permanent offence (until it was repealed) was committed by any person who claimed (in writing or in speech) that the A peer who was convicted of any offence under the Act was to be disqualified from sitting in the House of Lords, unless Sections 1 and 2 were repealed on 28 January 1863 by section 1 of, and the Schedule to, the There were some other repeals over the years, and then the whole Act, so far as unrepealed, was repealed by the These words are printed against this Act in the second column of Schedule 2 to the Statute Law Revision Act 1948, which is headed "Title".The Law Commission (1977).

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