What is Sedition?
Historical Background
Key Points
7 points- 1.
Section 124A of the IPC states: 'Whoever, 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...' is punishable.
- 2.
The punishment for sedition can range from life imprisonment (with or without fine) to imprisonment for up to three years (with or without fine).
- 3.
It is classified as a cognizable police can arrest without a warrant, non-bailable, and non-compoundable offence.
- 4.
In the landmark case of Kedar Nath Singh v. State of Bihar (1962), the Supreme Court upheld the constitutionality of Section 124A but significantly narrowed its scope, ruling that it applies only when there is an incitement to violence or a tendency to create public disorder.
- 5.
Mere criticism of the government or administrative actions, however strong, does not constitute sedition unless it incites violence or public disorder.
- 6.
The law requires an element of intention to cause public disorder or violence for the charge to be sustained.
- 7.
Critics argue it is a colonial-era relic that is often misused to stifle legitimate political dissent and free speech.
Visual Insights
Evolution & Current Status of Sedition Law in India (1870-2026)
This timeline traces the historical journey of the sedition law (Section 124A IPC) in India, from its colonial origins to its current abeyance and proposed reforms, highlighting key legal milestones.
The sedition law has been a contentious legal provision since its inception, used by the colonial government to suppress dissent. Post-independence, its continued existence and application have been a subject of intense debate, balancing national security concerns with fundamental rights. The recent developments mark a significant shift in its legal status and form.
- 1870Section 124A (Sedition) introduced into the Indian Penal Code by the British colonial government.
- 1922Mahatma Gandhi tried for sedition; famously called it 'the prince among the political sections of the IPC'.
- 1962Kedar Nath Singh v. State of Bihar: Supreme Court upholds constitutionality of 124A but narrows its scope, requiring 'incitement to violence' or 'tendency to create public disorder'.
- 2018Law Commission of India recommends reviewing Section 124A, suggesting it be retained but with stricter safeguards.
- May 2022Supreme Court of India puts Section 124A in abeyance, instructing governments to refrain from registering new FIRs until its constitutional validity is re-examined.
- August 2023Law Commission of India again recommends retaining sedition law but with amendments to align it with Kedar Nath Singh judgment and increase punishment.
- December 2023Bharatiya Nyaya Sanhita (BNS) 2023 enacted, replacing IPC. Section 124A repealed, but a new provision (Section 152 of BNS) introduced for 'acts endangering sovereignty, unity and integrity of India'.
- Jan 2026Sedition law (IPC 124A) remains in abeyance; new BNS provisions are in effect, with ongoing debates on their interpretation and application.
Sedition Law: IPC Section 124A vs. BNS Section 152 (Jan 2026)
This table provides a comparative analysis of the repealed Section 124A of the Indian Penal Code (IPC) and the new Section 152 of the Bharatiya Nyaya Sanhita (BNS) 2023, highlighting the changes and continuity in India's sedition law.
| Aspect | IPC Section 124A (Old) | BNS Section 152 (New) |
|---|---|---|
| Title | Sedition | Acts endangering sovereignty, unity and integrity of India |
| Definition (Key Phrases) | 'brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India.' | 'excites or attempts to excite secession or armed rebellion or subversive activities, or encourages feelings of enmity or hatred among different groups of people, or causes or attempts to cause disaffection towards, the Government established by law with a view to disrupt public order or undermine the security of the State.' |
| Punishment | Life imprisonment + fine, or imprisonment up to 3 years + fine, or fine only. | Life imprisonment + fine, or imprisonment up to 7 years + fine. |
| Judicial Interpretation | Narrowed by Kedar Nath Singh (1962) to require 'incitement to violence' or 'tendency to create public disorder'. | Aims to incorporate the Kedar Nath Singh judgment's spirit by explicitly mentioning 'with a view to disrupt public order or undermine the security of the State'. Also adds 'secession', 'armed rebellion', 'subversive activities' and 'enmity/hatred among groups'. |
| Status (Jan 2026) | In abeyance by Supreme Court order (May 2022); repealed by BNS 2023. | In effect as part of Bharatiya Nyaya Sanhita 2023. |
| Criticism | Colonial relic, vague, misused to stifle dissent, chilling effect on free speech. | Critics argue it is a re-incarnation of sedition with broader terms like 'subversive activities' and 'enmity among groups', potentially increasing scope for misuse despite explicit public order/security clause. |
Recent Developments
4 developmentsIn May 2022, the Supreme Court of India put Section 124A in abeyance, instructing central and state governments to refrain from registering new FIRs under the provision until its constitutional validity is re-examined.
The Law Commission of India, in 2018 and 2023, recommended retaining Section 124A but with amendments to align it with the Kedar Nath Singh judgment and increase the threshold for its application.
The Bharatiya Nyaya Sanhita (BNS) 2023, enacted to replace the IPC, proposes to repeal Section 124A but introduces a new provision (Section 152 of BNS) for 'acts endangering sovereignty, unity and integrity of India', which critics argue is a re-incarnation of sedition.
Ongoing national debate about balancing national security concerns with the fundamental right to freedom of speech and expression.