Sedition law

Hello,

The Indian Penal Code defines sedition (Section 124A) as an offence committed when "any person by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India".

Hence, just saying things against the government wont fall under the ambit of sedition, provided such words have the capability to bring or attempt to bring into hatred or contempt, or excite or attempts to excite disaffection towards the government established by law in India.

But, 

The constitutionality of sedition was challenged in the Supreme Court in Kedar Nath Vs State of Bihar (1962). The Court upheld the law on the basis that this power was required by the state to protect itself. However, it had added a vital caveat that "a person could be prosecuted for sedition only if his acts caused incitement to violence or intention or tendency to create public disorder or cause disturbance of public peace".

The court held that "a citizen has a right to say or write whatever he likes about the Government, or its measures, by way of criticism or comment, so long as he does not incite people to violence against the Government established by law or with the intention of creating public disorder".

In September 2016, the Supreme Court had reiterated these necessary safeguards and held that they should be followed by all authorities.

Also these are some of the defences the person charged with same could use

1. That he did not make the sign or representation or not speak or write the words, or not do any act in question.
2. He did not attempt into the contempt or attempt disaffection.
3. Such disaffection should not be towards the Government.

Thank you