Sedition was the offence of bringing or attempting to bring into hatred or contempt, or exciting or attempting to excite disaffection towards, the Government of India. Under Section 124A of the Indian Penal Code, 1860, sedition carried a maximum punishment of imprisonment for life. The offence has been abolished under the Bharatiya Nyaya Sanhita, 2023, and replaced by Section 152 BNS, which criminalises "acts endangering sovereignty, unity and integrity of India."
Legal definition
Section 124A IPC (now repealed) provided:
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.
Explanations: The section contained three explanations:
- "Disaffection" includes disloyalty and all feelings of enmity
- Comments expressing disapprobation of the measures of the Government with a view to obtaining their alteration by lawful means, without exciting hatred, contempt or disaffection, do not constitute sedition
- Comments expressing disapprobation of the administrative or other actions of the Government without exciting hatred, contempt or disaffection, do not constitute sedition
Colonial origin: Section 124A was introduced by the British colonial government through an amendment in 1870, modelled on English sedition law. It was the primary tool used to suppress the Indian independence movement — Bal Gangadhar Tilak (1897, 1908), Mahatma Gandhi (1922), and Jawaharlal Nehru were among the prominent freedom fighters prosecuted under this section.
Replacement under BNS — Section 152:
Section 152 BNS criminalises acts endangering sovereignty, unity and integrity of India:
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 means, 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.
Key changes from Section 124A to Section 152:
- "Disaffection towards the Government" is replaced with "excites secession, armed rebellion, or subversive activities"
- "Electronic communication" and "financial means" are added as modes of commission
- Maximum imprisonment increases from 3 years (non-life sentence option) to 7 years
- Life imprisonment is retained as the upper limit
- "Subversive activities" is a new, potentially broad term without clear statutory definition
How courts have interpreted this term
Kedar Nath Singh v. State of Bihar [AIR 1962 SC 955]
The landmark decision that upheld the constitutionality of Section 124A while significantly narrowing its scope. A Constitution Bench of the Supreme Court held that sedition is constitutionally valid as a reasonable restriction on free speech under Article 19(2), but read down the provision to apply only to speech that has a tendency to incite violence or create public disorder. Mere criticism of the government, however strongly worded, does not constitute sedition unless it incites or tends to incite violence. The Court adopted the "tendency to incite violence" test, holding that the citizen's right to criticise the government is a core feature of democratic governance.
Balwant Singh v. State of Punjab [(1995) 3 SCC 214]
The Supreme Court acquitted two persons who raised slogans of "Khalistan Zindabad" after the assassination of Indira Gandhi, holding that casual raising of slogans, without any audience response or incitement to violence, does not constitute sedition. The Court reaffirmed the Kedar Nath threshold: sedition requires a tendency to cause public disorder, not mere expression of unpopular views.
S.G. Vombatkere v. Union of India [(2022) — Supreme Court]
The Supreme Court effectively suspended the operation of Section 124A in May 2022, directing the government not to register any new sedition cases and to keep all pending cases in abeyance until the government reconsidered the provision. This order remained in effect until the IPC was replaced by the BNS on 1 July 2024, at which point Section 124A ceased to exist.
Why this matters
The abolition of sedition under the BNS marks the end of one of the most controversial provisions in Indian criminal law. Section 124A was widely criticised as a colonial relic used to suppress dissent, criminalise political opposition, and silence journalists, academics, and activists. Between 2014 and 2021, according to NCRB data, sedition cases were filed frequently but conviction rates remained extremely low — indicating that the provision was often used as a tool for harassment rather than genuine law enforcement.
However, critics argue that the replacement provision — Section 152 BNS — is potentially broader than Section 124A. The inclusion of "subversive activities" without clear definition, the addition of "electronic communication" and "financial means" as modes of commission, and the increased imprisonment term suggest that the government retains — and may have expanded — the ability to prosecute speech-related offences affecting national unity.
For practitioners, the transitional rule is critical: sedition cases registered under Section 124A IPC for offences committed before 1 July 2024 will continue under the IPC. No new cases can be registered under Section 124A after 1 July 2024. Cases arising from acts committed on or after 1 July 2024 must be charged under Section 152 BNS if applicable.
Related terms
Parent legislation:
Related offences:
Constitutional context:
Frequently asked questions
Has sedition been abolished in India?
Yes, the offence of sedition as defined under Section 124A IPC has been abolished with effect from 1 July 2024 when the Bharatiya Nyaya Sanhita replaced the IPC. However, Section 152 BNS creates a new offence of "acts endangering sovereignty, unity and integrity of India," which some legal scholars argue is a repackaged version of sedition with potentially broader scope.
What replaced Section 124A IPC?
Section 152 of the Bharatiya Nyaya Sanhita, 2023 replaced sedition. It criminalises exciting or attempting to excite secession, armed rebellion, or subversive activities. Unlike Section 124A, it adds electronic communication and financial means as modes of commission and increases the imprisonment term to 7 years (with life imprisonment retained as the maximum).
Can existing sedition cases still proceed?
Cases filed under Section 124A IPC for offences committed before 1 July 2024 continue under the IPC's transitional provisions. However, the Supreme Court's May 2022 order in Vombatkere effectively suspended all pending sedition proceedings, and no new FIRs should have been registered under Section 124A after that order.
Is criticism of the government still protected?
Under the Kedar Nath framework (which will likely inform interpretation of Section 152 BNS), mere criticism of government policies does not constitute an offence. The speech must excite or tend to excite violence, public disorder, secession, or armed rebellion. However, the scope of "subversive activities" under Section 152 BNS remains untested and may be subject to judicial interpretation.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.