A Theoretical Analysis of the Law on Sedition in India

Abstract

The law on sedition in India has been employed as a tool of harassment to curb free speech. This has resulted in widespread demands to repeal the provisions regarding sedition as it is seen as an archaic law that was meant to serve the colonial interests. In this paper, the researcher explores the law on sedition under section 124A of the Indian Penal Code, 1860. The researcher seeks to propose an amendment to section 124A, by devising Austin’s Speech Acts Theory, Sorial’s exposition based on Austin’s theory and by accommodating the prevalent judicial interpretation into the existing provision.