The Law of Sedition and Bal Gangadhar Tilak

In light of the spike in sedition cases under the section 124A of the Indian Penal Code since 2014 for the mere expression of dissent against the union government, KULDIP SHARMA, former Director-General, Bureau of Police Research and Development, explains that prudence, as well as legislative intent behind India's criminal law framework, dictates that instead of rushing to file FIRs on charges of sedition under the Penal Code, police must avail of section 108 of the Criminal Procedure Code which allows it to take security for good behaviour from persons disseminating seditious material. He illustrates his point by taking us through the prosecution of Bal Gangadhar Tilak for sedition in 1916. Though twice prosecuted and convicted for sedition earlier, on the third occasion, the British colonial State deliberated whether to criminally prosecute him under section 124A of the Penal Code (sedition) or to proceed against him under section 108 of the Criminal Procedure Code (security for good behaviour), before choosing the latter. 

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THE mainstays of criminal jurisdiction in India even today are the Indian Penal Code (IPC) enacted in 1860, the Code of Criminal Procedure (CrPC) first enacted in 1861 (before being replaced by the current version in 1973), and the Indian Evidence Act enacted in 1872. It is clear that the experiences of the British colonial government in suppressing popular rebellions,  dealing with the revolt of 1857, the attendant atrocities, and the objective of perpetuating their rule, came to be reflected in these enactments.