Sedition Abolished — Section 124A IPC Removed, What Replaced It

In India, the Bharatiya Nyaya Sanhita, 2023 (BNS) repealed the Indian Penal Code, 1860, and with it Section 124A (sedition). Its closest counterpart, Section 152 BNS, punishes acts endangering the sovereignty, unity and integrity of India. The maximum stays imprisonment for life; the alternative term rises from three to seven years, and the fine-only option disappears.

Section 153A IPC became Section 196 BNS, and Section 153B IPC became Section 197 BNS, which adds a clause on false or misleading information. The BNS came into force on 1 July 2024 (S.O. 850(E), 23 February 2024), except Section 106(2).

At a glance

What changed: Section 124A IPC to Section 152 BNS

• Heading — Modified. "Sedition." becomes "Act endangering sovereignty, unity and integrity of India."
• What is protected — Modified. Section 124A protected "the Government established by law in India". Section 152 protects the "sovereignty or unity and integrity of India"; the Government appears only in the Explanation.
• Mental element — New. Section 124A contained no words of intention or knowledge. Section 152 opens "Whoever, purposely or knowingly".
• Means — Expanded. The words "by words, either spoken or written, or by signs, or by visible representation … or otherwise" are carried over, and "or by electronic communication or by use of financial mean" is added. "Financial mean" is how the Gazette prints it.
• Conduct — Modified. Section 124A punished bringing or attempting to bring into "hatred or contempt", or exciting or attempting to excite "disaffection". Section 152 punishes exciting or attempting to excite "secession or armed rebellion or subversive activities", encouraging "feelings of separatist activities", or endangering "sovereignty or unity and integrity of India".
• Commission limb — New. "or indulges in or commits any such act" has no s.124A equivalent.
• Punishment — Modified. Section 124A: "imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine". Section 152: "imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine". The maximum is unchanged; the alternative term rises from three to seven years; a fine-only sentence is gone.
• Explanation 1 — Omitted. Section 124A's definition, "The expression 'disaffection' includes disloyalty and all feelings of enmity", has no counterpart. "Disaffection" does not appear anywhere in the BNS.
• Explanations 2 and 3 — Modified. They become a single Explanation. The protected comment must now avoid exciting "the activities referred to in this section", not "hatred, contempt or disaffection". Explanation 3 of s.124A (administrative or other action) contained no purpose words. In s.152, the words "with a view to obtain their alteration by lawful means" follow both "measures" and "administrative or other action". On a reading, the purpose qualifier may now apply to comment on administrative action as well.
• Placement — Minor edit. IPC Chapter VI becomes BNS Chapter VII (ss.147–158); the title, "Of offences against the State", is unchanged.
• Terms that no longer appear — Omitted. A whitespace-normalised search of the BNS Gazette text finds no "sedition", "disaffection", "Government established by law" or "hatred or contempt". "Secession", "armed rebellion", "subversive" and "separatist" occur once each, all in s.152, so the Sanhita defines none of them.

Statutory text (relevant extracts)

Section 124A IPC (extract, as it stood at repeal):

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, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Its footnotes record insertion by Act 27 of 1870, substitution by Act 4 of 1898, and "imprisonment for life" substituted by Act 26 of 1955 (w.e.f. 1 January 1956).

Section 152 BNS (extract):

Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine.

Explanation to Section 152 BNS (extract):

Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section.

How Section 152 works: the ingredients

On the text, the prosecution must establish four things.

1. Mental element. The act must be done "purposely or knowingly"; on a reading, carelessness is not enough.
2. Means. Words spoken or written, signs, visible representation, electronic communication, "use of financial mean", "or otherwise" — an open list.
3. One conduct limb. The act must:
   • excite, or attempt to excite, secession, armed rebellion or subversive activities; or
   • encourage feelings of separatist activities; or
   • endanger sovereignty or unity and integrity of India; or
   • be the indulging in, or commission of, "any such act".
4. Outside the Explanation. Comment disapproving of government measures or action, made with a view to their alteration by lawful means and without exciting the listed activities, is not an offence.

Section 152 carries no illustrations and none of its conduct terms is defined, so a charge should say which limb is alleged. The limbs differ in kind: "excites or attempts to excite" looks to the effect on others, "endangers" describes a result, and "indulges in or commits any such act" covers direct participation.

The neighbouring speech offences: Sections 196 and 197 BNS

Section 196 (formerly s.153A IPC). Clause (1)(a) punishes promoting, or attempting to promote, on grounds of religion, race, place of birth, residence, language, caste or community "or any other ground whatsoever", disharmony or feelings of enmity, hatred or ill-will between religious, racial, language or regional groups or castes or communities. Clause (1)(b) covers acts prejudicial to harmony that disturb, or are likely to disturb, the public tranquillity; clause (1)(c) covers organising or joining drills meant to train participants in criminal force or violence against such a group. The only textual addition is "or through electronic communication" among the means. Punishment is unchanged: up to three years, or fine, or both; up to five years and fine in a place of worship or religious assembly (s.196(2)). Minor edit.

Section 197 (formerly s.153B IPC). Clauses (a) to (c) repeat s.153B, and the opening words add "or through electronic communication". A new clause (d) punishes whoever "makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India". Punishment is unchanged. Expanded.

Section 197(1)(d) and s.152 can overlap on the same facts, but the consequences differ sharply. Section 197(1)(d) carries up to three years, or fine, or both, is triable by a Magistrate of the first class, and needs sanction from the Central Government, the State Government or the District Magistrate (s.217(2) BNSS). Section 152 carries life or up to seven years and fine, is triable by the Court of Session, and needs sanction from the Central or State Government (s.217(1)).

Procedure: sanction, forfeiture and security for good behaviour

• Sanction before cognizance — s.217 BNSS (formerly s.196 CrPC). Under s.217(1)(a), no court shall take cognizance of any offence punishable under Chapter VII, or under s.196, s.299 or s.353(1) BNS, "except with the previous sanction of the Central Government or of the State Government". The bar extends to a criminal conspiracy to commit such an offence and to abetment under s.47 BNS. Section 152 is in Chapter VII, just as s.124A was caught by "Chapter VI" in s.196(1)(a) CrPC. Section 217(2) covers s.197 and adds the District Magistrate as a sanctioning authority; s.217(4) lets the authority first order a preliminary investigation by an officer not below the rank of Inspector.
• Forfeiture — s.98 BNSS (formerly s.95 CrPC). The State Government may, by notification stating the grounds of its opinion, forfeit a newspaper issue, book or document containing matter punishable under s.152, 196, 197, 294, 295 or 299 BNS (s.95 CrPC listed ss.124A, 153A, 153B, 292, 293 and 295A IPC). A person interested may apply to the High Court within two months of the Gazette publication, to be heard by a Special Bench of three Judges (s.99(1)–(2) BNSS), as under s.96 CrPC.
• Security for good behaviour — s.127 BNSS (formerly s.108 CrPC). An Executive Magistrate may require a person who intentionally disseminates matter punishable under s.152, 196, 197 or 299 BNS to show cause why he should not execute a bond for good behaviour for up to one year. The CrPC heading read "persons disseminating seditious matters"; the BNSS heading reads "certain matters", and neither "sedition" nor "seditious" appears in the BNSS.
• Duty to report — s.33(1)(iv) BNSS. Every person aware of the commission of, or intention to commit, an offence under ss.147 to 154 BNS — a range that includes s.152 — must, absent reasonable excuse, forthwith inform the nearest Magistrate or police officer.

What this means in practice

For a person accused under Section 152: ask which limb is alleged and what shows the act was done "purposely or knowingly" — both are elements under the text. Check for a sanction order under s.217(1) BNSS before cognizance. The offence is non-bailable and punishable with imprisonment for life, so under s.480(1)(i) BNSS, subject to its provisos, a person before the police or a court other than the High Court or Court of Session shall not be released where there appear reasonable grounds for believing him guilty of it; the application goes to the Court of Session or the High Court. Default bail under s.187(3)(i) BNSS runs on the ninety-day limit.

For a publisher: a forfeiture notification under s.98 BNSS must state the grounds of the Government's opinion, and the challenge lies under s.99 within two months.

For the investigating officer: s.43(3) BNSS allows handcuffing, "keeping in view the nature and gravity of the offence", of a person who has committed an "offence against the State". On a reading of s.173(3) BNSS, a preliminary enquiry before registration is not available for s.152, whose punishment is not "less than seven years"; it is available for s.196 and s.197.

For the advocate: test the words complained of against the Explanation, and consider whether s.196 or s.197 — lower punishments, triable by a Magistrate — describes the allegation more accurately than s.152.

Judgments that still matter

No Supreme Court judgment construing Section 152 BNS is cited here. The four judgments below construe s.124A IPC, s.153A IPC and s.196 BNS; their bearing on s.152 is a reading of the texts, not a holding about s.152.

Kedar Nath Singh v. State of Bihar, [1962] Supp. 2 S.C.R. 769 (1962 INSC 17), 20 January 1962, five judges (B.P. Sinha C.J., S.K. Das, A.K. Sarkar, N. Rajagopala Ayyangar and J.R. Mudholkar JJ.); judgment of the Court delivered by Sinha C.J. The Court upheld s.124A (and s.505) IPC against Article 19(1)(a). It did not strike the section down; it construed the provisions so as "to limit their application to acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence". It called "the Government established by law" "the visible symbol of the State", as distinct from the persons administering it, and relied on the Explanations for the view that criticism of public measures, "however strongly worded", is within reasonable limits. Kedar Nath Singh's appeal was dismissed; the State of Uttar Pradesh's three appeals were allowed and remanded. The report has no paragraph numbers (pages 805–808). Bearing: the object and the conduct word ("disaffection") that the Court construed are absent from s.152; the Explanation it relied on survives in modified form. On a reading, the method remains relevant, but the holding is about the words of s.124A.

Balwant Singh v. State of Punjab, [1995] 2 S.C.R. 411 (1995 INSC 151), 1 March 1995, Dr. A.S. Anand and Faizan Uddin JJ. (order of the Court). Two government employees raised slogans a few times in a Chandigarh market on the day of the Prime Minister's assassination; the police witnesses conceded that the public did not gather or react. The Court set aside the convictions under ss.124A and 153A IPC, finding it difficult to hold that "upon the raising of such casual slogans, a couple of times without any other act whatsoever the charge of sedition can be founded". It added: "The intention to cause disorder or incite people to violence is the sine qua non of the offence under Section 153 A IPC". No paragraph numbers. Bearing: s.196(1)(a) BNS repeats the operative words of s.153A(1)(a), so on a reading the s.153A reasoning bears directly on s.196.

Vinod Dua v. Union of India, [2021] 12 S.C.R. 1071 (2021 INSC 304), 3 June 2021, U.U. Lalit and Vineet Saran JJ. (judgment by Lalit J.). An FIR against a journalist over an online talk show included ss.124A and 505(1)(b) IPC. The Court set out the statements of law it drew from Kedar Nath Singh (para 33) and held that the statements "can at best be termed as expression of disapprobation of actions of the Government and its functionaries" (para 43), so that prosecution would be unjust and violate Article 19(1)(a) (para 44). It clarified that "every Journalist will be entitled to protection in terms of Kedar Nath Singh" (para 67). The FIR was quashed; a prayer for a screening committee was rejected (para 68). Bearing: s.124A reached the broadcast through "or otherwise"; s.152 names electronic communication expressly. Carrying the Kedar Nath construction over to s.152 remains an argument, not a holding.

Imran Pratapgadhi v. State of Gujarat, [2025] 3 S.C.R. 1309 (2025 INSC 410), 28 March 2025, Abhay S. Oka and Ujjal Bhuyan JJ. (authored by Oka J., para 43). An FIR under ss.196, 197(1), 299, 302, 57 and 3(5) BNS over a poem in a social media video was quashed (para 44). Neither s.196(1)(a) nor (b) was attracted (para 14), nor s.197 (para 16), and "mens rea will have to be read into Section 196 of the BNS" (para 34). The Court called s.173(3) BNSS "a significant departure" from s.154 CrPC (para 23) and found the preliminary-enquiry option available because every offence alleged except s.57 was punishable with less than seven years (para 28). Where s.173(3) applies to an offence covered by Article 19(2), "it is always appropriate to conduct a preliminary inquiry" (para 42(v)). Bearing: a direct authority on ss.196 and 197 BNS. On a reading of para 28 with s.173(3), the preliminary-enquiry route does not extend to s.152.

Which law applies to your case

Section 358(2) BNS keeps any penalty incurred under the IPC, and any proceeding in respect of it, alive "as if that Code had not been repealed". Section 531(2)(a) BNSS requires an appeal, application, trial, inquiry or investigation pending on 1 July 2024 to be continued under the CrPC. Article 20(1) of the Constitution bars conviction "except for violation of a law in force at the time of the commission of the Act charged as an offence", and any greater penalty. On a reading of Article 20(1), s.152 cannot be applied to words spoken or published before 1 July 2024. See which law applies to an offence before 1 July 2024.

Frequently Asked Questions

Has sedition been abolished in India?

Section 358(1) of the Bharatiya Nyaya Sanhita, 2023 repealed the Indian Penal Code, including Section 124A (sedition). The words "sedition", "disaffection" and "Government established by law" do not appear anywhere in the BNS. The closest counterpart is Section 152 BNS, "Act endangering sovereignty, unity and integrity of India", which protects India's sovereignty, unity and integrity rather than the Government.

What is the punishment under Section 152 BNS compared with Section 124A IPC?

Section 152 BNS provides imprisonment for life or imprisonment which may extend to seven years, and the offender shall also be liable to fine. Section 124A IPC provided imprisonment for life, or imprisonment up to three years, or fine alone. The maximum (imprisonment for life) is therefore unchanged; the alternative term rises from three to seven years and a fine-only sentence is no longer available.

Is criticism of the Government an offence under Section 152 BNS?

The Explanation to Section 152 says that comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite the activities referred to in the section, do not constitute an offence. The section also requires that the act be done "purposely or knowingly". Whether particular words cross the line depends on which limb of Section 152 is alleged and on the evidence.

Can a social media post or an online payment attract Section 152 BNS?

Section 152 expressly lists "electronic communication" and "use of financial mean" among the means by which the offence can be committed, alongside words, signs and visible representation. The means alone are not enough: the act must be done purposely or knowingly and must fall within one of the conduct limbs, such as exciting secession or armed rebellion or endangering sovereignty or unity and integrity of India.

Is Section 152 BNS bailable, and does a prosecution need government sanction?

The BNSS First Schedule classifies Section 152 as cognizable, non-bailable and triable by the Court of Session. Because Section 152 sits in Chapter VII of the BNS, Section 217(1)(a) BNSS bars any court from taking cognizance of it without the previous sanction of the Central Government or the State Government. Section 124A IPC was likewise cognizable, non-bailable and triable by the Court of Session, and needed sanction under Section 196(1) CrPC.

Can the police hold a preliminary enquiry under Section 173(3) BNSS before registering a Section 152 case?

On a reading of the text, no. Section 173(3) BNSS applies only to cognizable offences punishable for three years or more but less than seven years, and Section 152 is punishable with imprisonment for life or up to seven years. The Supreme Court in Imran Pratapgadhi (2025 INSC 410, para 28) found the route available for offences under Sections 196, 197, 299 and 302 BNS because each is punishable with less than seven years.

Does Kedar Nath Singh still apply after the BNS?

Kedar Nath Singh v. State of Bihar (1962) upheld Section 124A IPC and limited it to acts involving intention or tendency to create disorder, disturbance of law and order, or incitement to violence. That holding construed the words of Section 124A. Section 152 BNS uses different words and adds "purposely or knowingly", and no Supreme Court judgment deciding whether the Kedar Nath construction governs Section 152 is cited on this page.

What happens to a Section 124A case pending on 1 July 2024?

Section 358(2) BNS saves penalties and proceedings under the repealed IPC, which may be continued "as if that Code had not been repealed", and Section 531(2)(a) BNSS keeps pending trials, inquiries and investigations under the CrPC. On a reading of Article 20(1) of the Constitution, Section 152 BNS cannot be applied to conduct before 1 July 2024. On a reading of Section 358(2), conduct before that date falls to be assessed under Section 124A IPC.

Related

• Section 124A IPC to Section 152 BNS — sedition (section page)
• Hate speech and promoting enmity — BNS 196 vs IPC 153A
• Fake news and false statements — BNS 353 and 197 vs IPC 505
• Terrorist act — BNS Section 113
• When the police refuse to register an FIR
• Offence before 1 July 2024 — which law applies
• Section 153A IPC vs Section 196 BNS — Promoting Enmity Between Different Groups
• Section 505 IPC vs Section 353 BNS — Statements Conducing to Public Mischief
• Section 153B IPC vs Section 197 BNS — Imputations Prejudicial to National Integration
• Sections 121–130 IPC vs Sections 147–158 BNS — Offences Against the State
• Sections 95–96 CrPC vs Sections 98–99 BNSS — Forfeiture of Publications and Challenge in the High Court
• Sections 106–110 CrPC vs Sections 125–129 BNSS — Security for Keeping the Peace and for Good Behaviour
• Sections 131–140 IPC vs Sections 159–168 BNS — Offences Relating to the Army, Navy and Air Force

Sources

Acts and sections read (primary text):

• Bharatiya Nyaya Sanhita, 2023 (Gazette of India, CG-DL-E-25122023-250883): Chapter VII (ss.147–158), including s.152; ss.196, 197, 358; commencement footnote to s.1 in the official text.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette, CG-DL-E-25122023-250884): ss.33(1), 43(3), 98, 99, 127, 173(3), 187(3), 217, 480(1), 531(2)(a); First Schedule entries for ss.152, 196 and 197 and its explanatory notes.
• Indian Penal Code, 1860 (original-PDF text): ss.124A (with footnotes), 153A, 153B; Chapter VI heading.
• Code of Criminal Procedure, 1973 (original-PDF text): ss.39(1)(i), 95, 96(1), 108, 196(1); First Schedule entry for s.124A.
• Constitution of India: Article 20(1).

Judgments read (Supreme Court, full text in the Veritect judgment corpus):

• Kedar Nath Singh v. State of Bihar, [1962] Supp. 2 S.C.R. 769 — S_1962_2_769_812_EN.md
• Balwant Singh v. State of Punjab, [1995] 2 S.C.R. 411 — 1995_2_411_419_EN.md
• Vinod Dua v. Union of India, [2021] 12 S.C.R. 1071 — 2021_12_1071_1177_EN.md
• Imran Pratapgadhi v. State of Gujarat, [2025] 3 S.C.R. 1309 — 2025_3_1309_1349_EN.md

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.