The Persistence of Sedition Law in India: A Critical Analysis of Section 124-A, Its Reincarnation in the Bhartiya Nyaya Sanhita (Section-152)and Impact on Free Speech

Abstract

India’s sedition law, originating under Section 124A of the colonial Indian Penal Code (IPC), has long been a tool for suppressing dissent, clashing with the constitutional guarantee of free speech under Article 19(1)(a). Despite its interim suspension by the Supreme Court in May 2022 and claims of repeal under the Bharatiya Nyaya Sanhita (BNS), 2023, sedition-like provisions persist in Section 152, raising concerns about continued state overreach. This paper traces the law’s colonial roots, legislative evolution, and modern misuse through detailed case studies, judicial analysis, and comparative perspectives with jurisdictions like the UK, Australia, and the US. Applying theoretical frameworks, including Mill’s harm principle, postcolonial theory, and democratic self-governance, it argues that Section 152 perpetuates a colonial legacy, undermining democratic principles and international human rights standards. The paper advocates for repeal or significant reform, emphasizing precise definitions, judicial safeguards, and compensatory mechanisms to protect free expression while addressing legitimate security concerns.