Sedition - An offence against the State

According to the Google dictionary meaning, Sedition is the “ conduct or speech inciting people to rebel against the authority of a state or monarch” . Therefore, Sedition involves two elements, namely an act or conduct or speech and provocation of rebellious attitude or anti-national feelings against the state.

The Law of Sedition

Sedition is an offense against the State enshrined in Chapter VI of the Indian Penal Code.  Section 124A  of the Indian Penal Code states that if disaffection towards the government is excited or attempted to excite by way of words, signs, representations, etc., then such person shall be liable to life imprisonment, or imprisonment up to 3 years, with or without fine. According to the Indian Penal Code, the word “ disaffection” in the definition of Sedition includes disloyalty and all feelings of enmity. The maximum punishment for the offense of sedition is life imprisonment. The offense is cognizable which means that police do not require a warrant for arrest and that it is non-bailable. It would be imperative to engage a lawyer to seek relief when a person is arrested in the case of sedition. It is important to note that any comments expressing strong disapproval or discontentment of the administrative or other actions of the Government without provoking or attempting to motivate hatred, contempt, or disaffection, do not constitute an offense under this section.

What are the activities that are Seditious?

As per the IPC, an action or act can be seditious if it has the follwoing components:

• Words, spoken or written, including visible representation such as posters or signs, or any act

• Which brings hatred/contempt/disaffection towards the Indian Government or the country or any authority

• Done with an intention to excite or result in & lsquo imminent violence' or public disorder.

Legal Procedures related to Sedition

Reporting at the Police Station

It is the right of a person to report and file a case against the person who is found committing an offense of Sedition. The police station must be the nearest police station to the place where such an incident occurred. An FIR i.e. the first information report must be filed by the person who has come to know about such an offense and also can be filed by the police officer.
 

Police to take cognizance

When a person files a complaint and provides any credible information about the offense of sedition, it is the duty of the Police to take action against such a complaint. The Police are able to directly arrest the person without a warrant who has allegedly committed the crime of sedition in the following cases:

1. When an act that is seditious in nature is taking place in front of a police inspector or Magistrate. 

2. If any information regarding commission of a seditious offense is received from another police officer.

3. F.I.R. when lodged against the person for a seditious offense.

4. When a person who is suspected of Sedition, then the police officer may arrest the such person for further investigation.

Investigation

The investigation is initiated by the Police when the First Information Report is filed. An investigation can also be ordered to the Police by the Magistrate for the offense of sedition. 

Charge Sheet

After the completion of the investigation by the Police, a charge sheet is filed which includes the FIR copy, statement of the accused, statement of witnesses, statement of the person who complained, etc.

Sedition and freedom of speech and expression

The fundamental right to freedom of speech and expression is one of the major pillars on which the concept of democracy stands - calling for the equal participation of all. Courts have been given the power to act as guarantors and protectors of the rights of citizens. The Supreme Court in a landmark judgment in the Menaka Gandhi case had stated: “ freedom of speech and expression is not confined to geographical limitations and it carries with it the right of a citizen to gather information and to exchange thoughts with others not only in India but abroad too.” On one hand where the constitution of India provides us the freedom to express, Article 19(2) enshrines reasonable restrictions to the use of the right in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offense. To simplify this means that if something is capable of causing unrest in the nation, it can't be defended by using Article 19(1)(a) . Such an act which incites others to destroy the unity and integrity of the nation will be termed sedition and not free speech.

The Supreme Court has made it very clear that it will only protect free speech from any oppressive law but the speech cannot become a license for criticizing or abusing the government which ultimately results in violence or disrupts the public order. However, mere criticism of the government or its institutions will not be treated as sedition, no matter how harsh it is. Sedition will be punishable only if the territorial integrity and sovereignty of the country are challenged by any person. For example, raising slogans against breaking up or dividing the country, using a terrorist's picture on a banner to indicate the separation of Kashmir, spreading Naxalism, seeking freedom from India, and asking for the dismemberment of India, etc. will definitely be considered as seditious acts.

Why do you need a Lawyer?

Sedition charges are grave, and hence, it is essential to hire a good  criminal lawyer  to be guided in the right direction and attain the best possible outcome. 

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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