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From Macaulay To Vombatkere And Beyond: The Transformation Of Sedition Law In India And Critical Appraisal Of Section 152 BNS




Nitin Verma, BBA.LL.B. (Hons.), Babasaheb Bhimrao Ambedkar (A Central University), Lucknow


ABSTRACT


This paper explores the origin, evolution and transformation of sedition law in India, from its colonial beginnings under Macaulay to the recent replacement of Section 124A IPC with Section 152 of the Bharatiya Nyaya Sanhita. It critically analyses how the new provision seeks to protect India’s sovereignty, unity, and integrity while examining whether it truly marks a departure from its repressive colonial past. Although Section 152 introduces clearer mens rea requirements and covers modern forms like electronic communication and financial means, it contains vagueness and overbreadth through undefined terms such as “subversive activities” and “encouragement of separatist feelings.” These ambiguities raise serious concerns about the potential misuse of the law to stifle legitimate political dissent and criticism of the government.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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