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IPC 1860REPEALED

Section 124A

Sedition

Replaced by: BNS 152

Non-BailableCognizable: YesCourt of Session
THE STATUTE

Original Text

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...

Simplified

Section 124A — sedition — was one of the most debated and eventually superseded provisions in Indian criminal law. It punished acts that 'excited disaffection' towards the government, criminalising speech and expressions that created feelings of alienation or disloyalty toward the constitutional order. While intended to prevent violent uprisings, it was chronically criticised for silencing legitimate political dissent. The provision contained explanations that theoretically protected bona fide criticism: 'comments expressing disapprobation of measures of the Government with a view to obtain their alteration by lawful means' were protected. But in practice, these safeguards were routinely disregarded. In May 2022, the Supreme Court ordered that proceedings under Section 124A be put in abeyance pending reconsideration of the provision's constitutional validity. The BNS replaced it entirely with Section 152 (acts endangering sovereignty, unity, and integrity of India), which focuses on sovereignty and territorial integrity rather than 'disaffection toward the government' — a philosophically significant shift from protecting the government to protecting the nation.

Legal Evolution

Introduced in 1870 to suppress the Indian freedom movement. Famous prosecutions include Bal Gangadhar Tilak (1897 and 1908), Mahatma Gandhi (1922 — 'I am proud of the charge against me'), and Annie Besant. Post-independence, sedition was used against journalists, academics, activists, and politicians with alarming frequency — the Law Commission's 279th Report (2023) recommended its repeal.

Landmark Precedents

Kedar Nath Singh v. State of Bihar (1962)

AIR 1962 SC 955
RELEVANCE

Constitutional bench upheld Section 124A but narrowed its scope — only speech that incites violence or has a tendency to create public disorder is sedition; criticism of the government per se is not.

S.G. Vombatkere v. Union of India (2022)

2022 SCC OnLine SC 633
RELEVANCE

Supreme Court put Section 124A in abeyance pending constitutional review — effectively suspending sedition prosecutions, paving the way for its abolition under BNS.

Practical Scenarios

"Giving a speech calling for the violent overthrow of the elected government — sedition under IPC 124A (before BNS); Section 152 under BNS."
"Writing pamphlets criticising government policies — PROTECTED under both IPC 124A exceptions and BNS 152."
"A journalist writing that a particular government scheme has failed — protected criticism, never sedition."

Common Queries

No — IPC Section 124A was effectively abolished when the BNS came into force on July 1, 2024. For offences from July 1, 2024 onwards, the applicable provision is BNS Section 152 (acts endangering sovereignty/unity/integrity), which does not criminalise 'disaffection toward the government.'
IPC 124A punished 'disaffection toward the government' — essentially protecting the ruling administration. BNS 152 punishes acts that endanger the sovereignty, unity, and integrity of India — protecting the nation, not the government. Legitimate political criticism is clearly protected under BNS 152 in a way it arguably was not under IPC 124A.