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Indian Legislative And Judicial Approach On The Law Of Sedition




Hemant Kumar, Research Scholar at Raj Rishi Bhartrihari Matsya University, Alwar, Rajasthan

ABSTRACT

After many years and never-ending conversations, the word "sedition" is once more at the core of legal debates across the nation, and certainly, there is a reason for it. The first time the concept of sedition made its way into the front pages of major newspapers was all the way back in 1972. This debate has been going on forever, regardless of whether it is constitutional or not. Kedarnath was the first major constitutional validity test for sedition. It's back in the spotlight after years of debate and discussion. After roughly half a century has passed since Kedarnath, this contentious clause in Indian criminal law is once again in the spotlight. This article examines the evolution of India's sedition statute throughout the 20th century through the lens of judicial rulings. In this paper, the researcher discusses the meaning and historical background of the law of sedition along with the relevant legal provision of it provided in section 124A of the Indian Penal Code 1860. Further, the judicial approach of various high courts and the Apex Court towards the law of sedition is explained. In the end, the researcher compares the law of sedition in USA and UK with that of India.

Keywords: Sedition, Section 124A, Kedarnath Case, Indian Penal Code, etc.

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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​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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