Section 124A (Sedition Law)

Summary

The Supreme Court of India has clarified its landmark 2022 freeze on the colonial-era sedition law, ruling that lower courts may resume pending trials and appeals under Section 124A of the now-repealed Indian Penal Code (IPC) if the accused consents. In Kamran v. State of Madhya Pradesh (May 2026), a bench led by the Chief Justice of India modified the absolute abeyance ordered in S.G. Vombatkere v. Union of India (May 2022) — recognizing that several jailed or convicted individuals were trapped in a legal limbo and unable to seek acquittal or closure.

Key dimensions of the development include:

• Section 124A — introduced into the IPC in 1870 via an amendment drafted by Sir James Fitzjames Stephen — has been structurally replaced by Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023.
• The BNS drops the word “sedition” and reframes the offence as “Acts endangering sovereignty, unity and integrity of India,” with an expanded actus reus covering secession, armed rebellion, separatist and subversive activities, and even financial means.
• The alternative prison term has been raised from the colonial three years to seven years, with life imprisonment as the upper limit — making the new provision structurally tougher than its predecessor.
• The 2026 ruling does not lift the freeze on fresh FIRs; it only allows consent-based revival of pending matters.
• The constitutional validity of Section 124A remains under reference to a larger bench for reconsidering the Kedar Nath Singh v. State of Bihar (1962) ruling.

Background & Concept

What is Section 124A?

Section 124A of the IPC (now repealed) was a penal provision that criminalized sedition — defined as bringing or attempting to bring hatred, contempt, or disaffection toward the Government established by law in India through spoken or written words, signs, visible representations, or electronic means. It was a cognizable, non-bailable, and non-compoundable offence, carrying a maximum penalty of life imprisonment or imprisonment up to three years, with or without fine.

Importantly, Section 124A was not part of the original 1860 IPC drafted by Lord Thomas Babington Macaulay; it was inserted in 1870 by an amendment drafted by Sir James Fitzjames Stephen — primarily as an instrument to crush dissent against colonial rule. The British Raj famously deployed it against Indian freedom fighters including Bal Gangadhar Tilak (1898, 1908) and Mahatma Gandhi (1922).

Evolution of Sedition Law in India

Year	Milestone
1860	Original Indian Penal Code drafted by Macaulay — no sedition clause
1870	Section 124A inserted via amendment by Sir James Fitzjames Stephen
1898	Bal Gangadhar Tilak convicted under Section 124A
1922	Mahatma Gandhi tried under Section 124A; famously called it the “prince among the political sections of the IPC designed to suppress liberty of the citizen”
1950	Romesh Thapar v. State of Madras and Brij Bhushan v. State of Delhi — Supreme Court protects free speech
1951	First Constitutional Amendment — adds “public order” to Article 19(2)
1962	Kedar Nath Singh v. State of Bihar — Section 124A upheld but read down; only acts with incitement to violence or public disorder punishable
2018	Law Commission’s Consultation Paper on sedition recommends re-examination
2022	S.G. Vombatkere v. UoI — Supreme Court orders absolute freeze on Section 124A
2023	Bharatiya Nyaya Sanhita (BNS) enacted (in force 1 July 2024) — IPC repealed
2026	Kamran v. State of MP — freeze modified; consent-based revival of pending matters

About the Bharatiya Nyaya Sanhita (BNS), 2023

• One of three new criminal laws (alongside Bharatiya Nagarik Suraksha Sanhita replacing the CrPC, and Bharatiya Sakshya Adhiniyam replacing the Indian Evidence Act) that replaced the IPC, 1860.
• Came into force on 1 July 2024.
• Reduces 511 IPC sections to 358 sections, introduces new offences (e.g., organized crime, terrorism, mob lynching), and expands community service as punishment.
• Section 152 — “Acts endangering sovereignty, unity and integrity of India” — replaces Section 124A.

Key Frameworks & Doctrines Referenced

• Kedar Nath Singh v. State of Bihar (1962) — Constitution Bench; upheld Section 124A but read it down to apply only to acts involving incitement to violence or public disorder.
• S.G. Vombatkere v. Union of India (May 2022) — Three-judge bench; placed Section 124A in complete abeyance.
• Kamran v. State of Madhya Pradesh (May 2026) — CJI-led bench; modified the 2022 freeze for consent-based revival of pending matters.
• Romesh Thapar v. State of Madras (1950) — Free speech can be restricted only on grounds in Article 19(2).
• Brij Bhushan v. State of Delhi (1950) — Pre-publication censorship struck down.
• Shreya Singhal v. Union of India (2015) — Struck down Section 66A of the IT Act for “chilling effect.”
• First Constitutional Amendment, 1951 — Added “public order” and other grounds to Article 19(2).
• Article 19(1)(a) and Article 19(2) — Constitutional bedrock of the free speech vs. restriction balance.
• Law Commission of India, 279th Report (2023) — Recommended retaining sedition with safeguards.
• Bharatiya Nyaya Sanhita (BNS), 2023 — Section 152 replaces and reframes sedition.

Section 124A IPC vs Section 152 BNS

Dimension	Section 124A IPC (1870)	Section 152 BNS (2023)
Nomenclature	Sedition	“Acts endangering sovereignty, unity and integrity of India”
Word “Sedition”	Used	Dropped
Core Conduct	Hatred, contempt, disaffection toward Government	Secession, armed rebellion, separatist activities, subversive activities
Means	Words, signs, visible representations, electronic means	Words, signs, visible representations, electronic communication, financial means
Maximum Punishment	Life imprisonment + fine, OR up to 3 years	Life imprisonment + fine, OR up to 7 years + fine
Classification	Cognizable, non-bailable, non-compoundable	Cognizable, non-bailable, non-compoundable
Constitutional Test (1962)	Read down — only “incitement to violence or public disorder”	Yet to be tested
Current Status	Frozen (2022); pending matters revived on consent (2026)	In force from 1 July 2024

India’s Position

India’s free-speech architecture sits at the intersection of constitutional liberty and state security:

• Constitutional anchor: Article 19(1)(a) guarantees free speech; Article 19(2) permits reasonable restrictions on eight grounds — sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency, morality, contempt of court, defamation, and incitement to an offence.
• Judicial benchmark: Kedar Nath Singh (1962) remains the lodestar; Shreya Singhal (2015), Puttaswamy (2017), Anuradha Bhasin (2020), and Vombatkere (2022) form the supporting matrix of free-speech jurisprudence.
• Statutory regime: BNS, BNSS, BSA (2023, in force 2024), UAPA, 1967, NSA, 1980, IT Act, 2000 (Section 69A), IT Rules, 2021, DPDP Act, 2023.
• International commitments: Universal Declaration of Human Rights (UDHR, 1948) Article 19; ICCPR, 1966 — India ratified in 1979.
• Law Commission reports: 267th Report (2017) on Hate Speech; 279th Report (2023) on Sedition — recommended retention with safeguards.
• Comparative position: UK abolished sedition (2009); Australia repealed sedition and replaced it with “urging violence” offences (2010); Singapore retains it; US has narrow incitement-only standard since Brandenburg (1969).
• Free-speech indices: India’s standing on indices like Reporters Without Borders’ Press Freedom Index and V-Dem Democracy Reports is a recurring subject of domestic and international debate.

Keywords & Definitions

▸ Section 124A IPC (1870): Now-repealed provision criminalizing sedition — bringing hatred, contempt, or disaffection toward the Government established by law. Inserted by an 1870 amendment, not part of the original 1860 IPC.

▸ Section 152 BNS (2023): Replacement for Section 124A — titled “Acts endangering sovereignty, unity and integrity of India”; criminalizes secession, armed rebellion, separatist and subversive activities.

▸ Sir James Fitzjames Stephen: British jurist who drafted the 1870 amendment inserting Section 124A; also drafted the Indian Evidence Act, 1872.

▸ Lord Macaulay: Chairman of the First Law Commission of India (1834); drafted the original Indian Penal Code (1860) — which did not contain a sedition provision.

▸ Bharatiya Nyaya Sanhita (BNS), 2023: Replaced the IPC, 1860; came into force on 1 July 2024; contains 358 sections covering substantive criminal law.

▸ Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Replaced the Code of Criminal Procedure (CrPC), 1973.

▸ Bharatiya Sakshya Adhiniyam (BSA), 2023: Replaced the Indian Evidence Act, 1872.

▸ Kedar Nath Singh v. State of Bihar (1962): Constitution Bench judgment that upheld Section 124A but read it down to apply only where acts involve incitement to violence or public disorder.

▸ S.G. Vombatkere v. Union of India (May 2022): Supreme Court placed Section 124A in complete abeyance — freezing all pending trials, appeals, and fresh FIRs.

▸ Kamran v. State of Madhya Pradesh (May 2026): Modified the 2022 freeze, allowing consent-based revival of pending trials and appeals.

▸ Article 19(1)(a): Constitutional guarantee of freedom of speech and expression.

▸ Article 19(2): Permits “reasonable restrictions” on free speech on grounds of sovereignty, integrity, security, public order, friendly relations, decency, morality, contempt of court, defamation, or incitement to an offence.

▸ First Constitutional Amendment Act, 1951: Added the grounds of “public order, friendly relations with foreign States, and incitement to an offence” to Article 19(2).

▸ Cognizable Offence: Offence in which a police officer can arrest the accused without a warrant.

▸ Non-Bailable Offence: Bail is not a matter of right; the accused must approach a court.

▸ Non-Compoundable Offence: Cannot be settled or compromised between the parties; only the State can prosecute.

▸ “Chilling Effect” Doctrine: The deterrent effect that vague or overbroad laws have on legitimate exercise of free speech.

▸ Brandenburg v. Ohio (1969): US Supreme Court ruling that established the “imminent lawless action” standard for incitement-based restrictions on speech.

▸ UAPA (Unlawful Activities Prevention Act), 1967: India’s principal anti-terror statute; 2019 amendment allows individuals to be designated as terrorists.

▸ NSA (National Security Act), 1980: Provides for preventive detention of up to 12 months without trial in the interest of national security.

▸ Law Commission of India, 279th Report (2023): Recommended retention of sedition with procedural safeguards including prior sanction.

▸ ICCPR (International Covenant on Civil and Political Rights), 1966: UN treaty ratified by India in 1979; Article 19 protects free speech.

Question Section (MCQs)

Q1. Section 124A of the Indian Penal Code, dealing with sedition:

(a) Was part of the original Indian Penal Code drafted in 1860 by Lord Macaulay (b) Was introduced through an 1870 amendment drafted by Sir James Fitzjames Stephen (c) Was inserted by the First Constitutional Amendment, 1951 (d) Was inserted through the IPC (Amendment) Act, 1898

Q2. Consider the following statements regarding the landmark judgment in Kedar Nath Singh v. State of Bihar (1962):

1. It was delivered by a Constitution Bench of the Supreme Court.
2. It struck down Section 124A as unconstitutional.
3. It read down Section 124A to apply only where there is incitement to violence or public disorder.
4. It was the first judicial pronouncement on the constitutional validity of Section 124A.

Which of the statements given above are correct?

(a) 1, 2 and 3 only (b) 1, 3 and 4 only (c) 2, 3 and 4 only (d) 1, 2, 3 and 4

Q3. Section 124A of the IPC has been replaced by which provision of the Bharatiya Nyaya Sanhita, 2023?

(a) Section 150 (b) Section 152 (c) Section 153A (d) Section 295

Q4. The freedom of speech and expression under Article 19(1)(a) of the Constitution is subject to “reasonable restrictions” under Article 19(2) on grounds including all of the following, EXCEPT:

(a) Public order (b) Sovereignty and integrity of India (c) Promotion of trade and commerce (d) Friendly relations with foreign States

Q5. Consider the following statements regarding the three new criminal laws of 2023:

1. The Bharatiya Nyaya Sanhita replaced the Indian Penal Code, 1860.
2. The Bharatiya Nagarik Suraksha Sanhita replaced the Code of Criminal Procedure, 1973.
3. The Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act, 1872.
4. All three laws came into force on 1 July 2024.

Which of the statements given above are correct?

(a) 1, 2 and 3 only (b) 2, 3 and 4 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4

Q6. Which of the following grounds for restricting freedom of speech under Article 19(2) was added by the First Constitutional Amendment Act, 1951?

1. Public order
2. Friendly relations with foreign States
3. Incitement to an offence
4. Sovereignty and integrity of India

Select the correct answer using the code given below:

(a) 1, 2 and 3 only (b) 1, 2 and 4 only (c) 2, 3 and 4 only (d) 1, 2, 3 and 4

Q7. With reference to the offence of sedition (Section 124A IPC), consider the following statements:

1. It is a cognizable offence.
2. It is a bailable offence.
3. It is a non-compoundable offence.
4. The maximum punishment is life imprisonment with or without fine.

Which of the statements given above are correct?

(a) 1, 2 and 3 only (b) 1, 3 and 4 only (c) 2, 3 and 4 only (d) 1, 2, 3 and 4

Q8. The judgment in S.G. Vombatkere v. Union of India (2022) is associated with:

(a) Striking down Section 124A of the IPC (b) Reading down Section 124A to require incitement to violence (c) Putting Section 124A in complete abeyance — freezing trials, appeals, and fresh FIRs (d) Declaring Section 124A constitutionally valid in its entirety

Q9. Consider the following statements about Section 152 of the Bharatiya Nyaya Sanhita, 2023:

1. It explicitly retains the word “sedition” used in Section 124A IPC.
2. It criminalizes secession, armed rebellion, separatist and subversive activities.
3. It expressly includes the use of financial means among the modes of commission.
4. Its alternative term of imprisonment is up to seven years, higher than the three-year term under Section 124A.

Which of the statements given above are correct?

(a) 1, 2 and 3 only (b) 2, 3 and 4 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4

Q10. Match the following judicial pronouncements with their primary subject matter:

Case	Subject
A. Kedar Nath Singh v. State of Bihar (1962)	1. Right to privacy as a fundamental right
B. Shreya Singhal v. Union of India (2015)	2. Internet shutdowns and free speech
C. K.S. Puttaswamy v. Union of India (2017)	3. Sedition under Section 124A IPC
D. Anuradha Bhasin v. Union of India (2020)	4. Section 66A of the IT Act

Select the correct answer:

(a) A-3, B-4, C-1, D-2 (b) A-3, B-1, C-4, D-2 (c) A-1, B-4, C-3, D-2 (d) A-3, B-4, C-2, D-1

Answer Key with Explanations

▸ Q1 → (b) Section 124A was not part of the original IPC of 1860 drafted under Lord Macaulay’s Law Commission; it was introduced by an 1870 amendment, drafted by Sir James Fitzjames Stephen, to suppress Indian nationalist dissent.

▸ Q2 → (b) 1, 3 and 4 only. Statements 1, 3, and 4 are correct. Statement 2 is wrong — the Constitution Bench upheld Section 124A as constitutional, but read it down to require incitement to violence or public disorder.

▸ Q3 → (b) Section 152. Section 124A IPC has been replaced by Section 152 of the Bharatiya Nyaya Sanhita, 2023, titled “Acts endangering sovereignty, unity and integrity of India.”

▸ Q4 → (c) Promotion of trade and commerce. Article 19(2) lists eight grounds — sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, and incitement to an offence. “Promotion of trade and commerce” is not among them.

▸ Q5 → (d) 1, 2, 3 and 4. All four statements are correct. The three new criminal laws — BNS, BNSS, BSA — replaced the IPC (1860), CrPC (1973), and Indian Evidence Act (1872) respectively, and came into force on 1 July 2024.

▸ Q6 → (a) 1, 2 and 3 only. The First Constitutional Amendment, 1951 added public order, friendly relations with foreign States, and incitement to an offence to Article 19(2). Sovereignty and integrity of India was added later by the Sixteenth Amendment Act, 1963.

▸ Q7 → (b) 1, 3 and 4 only. Statement 2 is wrong — Section 124A was classified as a non-bailable offence, not bailable. Statements 1, 3, and 4 are correct.

▸ Q8 → (c) In S.G. Vombatkere v. UoI (May 2022), a three-judge Supreme Court bench placed Section 124A in complete abeyance, freezing all pending trials, appeals, and fresh FIRs across India, while the law was under reconsideration.

▸ Q9 → (b) 2, 3 and 4 only. Statement 1 is wrong — the BNS deliberately drops the word “sedition” and rebrands the offence. Statements 2, 3, and 4 are correct: Section 152 criminalizes secession, armed rebellion, separatist and subversive activities, expressly includes financial means, and raises the alternative imprisonment term from three to seven years.

▸ Q10 → (a) A-3, B-4, C-1, D-2. Kedar Nath Singh (1962) → Sedition under Section 124A; Shreya Singhal (2015) → Section 66A of the IT Act; Puttaswamy (2017) → Right to privacy as a fundamental right; Anuradha Bhasin (2020) → Internet shutdowns and free speech.