"Sedition" and "seditious tendency" within Malaysian Sedition Act 1948: a comparative study between Malaysia and India / Diba Natalia Ishak ... [et al.]

Abd Jalil, Asiah and Ishak, Diba Natalia and Hairudin, Haifaa 'Atiqa and Abdul Ghafar, Syafiqah (2011) "Sedition" and "seditious tendency" within Malaysian Sedition Act 1948: a comparative study between Malaysia and India / Diba Natalia Ishak ... [et al.]. [Student Project] (Unpublished)

Abstract

The basis of this research is to compare the law of seditions between Malaysia and India. Comparative study for the purpose of this research would focus not only on the differences, but also the similarities of the offence of sedition in both countries. This research is centered on the interpretation of the words "sedition" and "seditious tendency" in Malaysia and India, as well as to study the requirement of intention under the offence of sedition. By looking at these two elements, this research is to analyze the relevancy of sedition laws in the modern 21st century. The
technique we adopted was the qualitative research methodology, which consists of literature research namely library literature search and Internet research. There were also personal interviews with experts on the topics that had been incorporated in the research finding. It was discovered that in both countries the laws are identical in terms of reasons for enactment and the interpretation of the sedition offence. The research findings indicated that the differences could be seen on the incorporation of offence of sedition and the punishment for the offence. In Malaysia the offence of sedition is provided under a separate statute that is the
Malaysian Sedition Act 1948 where it stands alone. Contrary to India, the offence was incorporated in the Indian Penal Code by virtue of Article 124A. The difference is also in terms of the degree of punishment, where higher degree of
punishment is imposed in India. It had been suggested that the offence of sedition in both countries should not be repealed completely but to be amended to a certain extent in order to balance the interests between public and government.

Metadata

Item Type: Student Project
Creators:
Creators
Email / ID Num.
Abd Jalil, Asiah
2009607496
Ishak, Diba Natalia
2009632984
Hairudin, Haifaa 'Atiqa
2009283046
Abdul Ghafar, Syafiqah
2009675038
Contributors:
Contribution
Name
Email / ID Num.
Thesis advisor
Bee, Rahimah
UNSPECIFIED
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence > Constitutional law
K Law > KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) > Malaysia
K Law > KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) > Straits Settlements (to 1942)
Divisions: Universiti Teknologi MARA, Shah Alam > Faculty of Law
Programme: Bachelor in Legal Studies (Hons)
Keywords: Sedition, Malaysia, India
Date: December 2011
URI: https://ir.uitm.edu.my/id/eprint/37657
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