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VOL. 7, ISSUE 1 (2025)
A legal analysis of section 124A IPC in modern democratic India
Authors
Soumya Kanti Sur, Dr. Narendra Kumar Singh
Abstract
Section 124A of the Indian Penal Code, dealing with the offence of
sedition, has been one of the most contentious provisions in Indian criminal
law. Introduced during colonial rule in 1870 to suppress nationalist uprisings,
the section continues to exist in post-independence India despite significant
shifts in the country’s constitutional and democratic framework. This paper
undertakes a comprehensive legal analysis of Section 124A, tracing its colonial
origins, judicial interpretations, and its compatibility with the fundamental
right to freedom of speech and expression guaranteed under Article 19(1)(a) of
the Constitution. Through a doctrinal methodology, the study reviews landmark
judgments such as Kedar Nath Singh v. State of Bihar and Balwant
Singh v. State of Punjab, which attempted to balance national security with
individual liberties. It also highlights contemporary misuse of the provision
against journalists, students, and civil society members, supported by
empirical data from NCRB and recent case studies. Comparative constitutional
perspectives from jurisdictions like the United States and United Kingdom—where
sedition has been repealed or narrowly defined—offer valuable insights. The
paper concludes that in the absence of clear legislative reform, Section 124A
poses a serious threat to democratic dissent and public discourse. It
recommends either a complete repeal or radical narrowing of the provision to
align with modern constitutional values and international human rights
standards.
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Pages:107-109
How to cite this article:
Soumya Kanti Sur, Dr. Narendra Kumar Singh "A legal analysis of section 124A IPC in modern democratic India". International Journal of Law, Policy and Social Review, Vol 7, Issue 1, 2025, Pages 107-109
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