了解印度的煽动叛乱法

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摘要

印度采用了英国统治下的各种法律,其中一项法律是煽动法。1860年《印度刑法典》第124 (A)条谈到了煽动罪,并规定了对这种罪行的惩罚,即3年监禁,可能扩大到终身监禁,并可能加上罚款。简单地说,煽动叛乱可以定义为一种或多种行为,使人民反对民选政府。1870年,英国政府首次引入煽动法。本文将讨论这项法律如何被用来阻止独立运动的领导人,并将描述煽动法的历史背景。煽动叛乱包括一切以言语、行为或文字扰乱国家、政府安宁或国家法律及秩序的行为。本文将对煽动叛乱法的宪法效力及其司法解释进行探讨。煽动叛乱法基本上是为了保护国家的主权和完整。然而,这项法律被认为是印度最具争议的法律之一。因为它限制了个人的言论和表达自由。在本文中,您将发现印度宪法第19(1)条和煽动叛乱法规定的言论自由和表达自由之间的区别。最后,本文将讨论在印度煽动法中形成并给予适当解释的一些重要判决。
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UNDERSTANDING SEDITION LAW IN INDIA
India has adopted various laws from the British rule, one such law is Sedition law. Section 124 (A) of the Indian Penal Code, 1860 talks about Sedition and also states the punishment for this offence i.e. imprisonment for 3 years which may extent to life imprisonment along with which fine may be added. In simple words Sedition may be defined as an act or acts done, which brings the people against the elected Government. Sedition law was first introduced by British Government in the year 1870. This paper will discuss about how this law was used to stop the leaders of independence movement and will also describe the historical background of Sedition law. Sedition includes all such practices which, may be by word, deed, or writing, disturb the peace of the State, Government or law and order of the country. This paper will discuss about the Constitutional Validity of Sedition law and about the judicial interpretation of this Section. Sedition law is basically to protect the sovereignty and integrity of the country. However, this law is considered as one of the most controversial law in India. Because it imposes a limitation on freedom of speech and expression of an individual. In this article you will find the difference between freedom of speech and expression as provided under Article 19 (1) of the Indian Constitution and Sedition law. Lastly, the paper will discuss about some important judgments which shaped and gave a proper interpretation to describe in the Sedition law in India.
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