Section 124A of the Indian Penal Code, 1860 was the former sedition provision. Following the commencement of the Bharatiya Nyaya Sanhita, 2023 (BNS) on 1 July 2024, the new law contains Section 152, Act endangering sovereignty, unity and integrity of India. These provisions address related concerns but have materially different wording, elements and punishments. This guide explains both and distinguishes lawful political criticism from conduct covered by the new offence.
What did IPC Section 124A (sedition) provide?
Under the former Indian Penal Code, a person committed the offence described in Section 124A if, by spoken or written words, signs, visible representation or otherwise, the person brought or attempted to bring into hatred or contempt, or excited or attempted to excite disaffection towards, the Government established by law in India.
Former punishment: imprisonment for life, to which fine could be added; or imprisonment up to three years, to which fine could be added; or fine alone. This was the punishment structure of the old section and must not be confused with the current BNS penalty.
The three explanations to the former Section 124A
- Disaffection: included disloyalty and all feelings of enmity.
- Criticism seeking lawful change: comments expressing disapproval of government measures with a view to changing them by lawful means were excluded where they did not excite or attempt to excite hatred, contempt or disaffection.
- Criticism of administration: disapproval of administrative or other government action was similarly excluded where it did not excite or attempt to excite hatred, contempt or disaffection.
In Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955, the Supreme Court interpreted the former sedition offence narrowly in relation to incitement to violence or public disorder. This historical decision should not be treated as an automatic construction of every phrase in the newly enacted BNS Section 152.
BNS Section 152: Current provision on sovereignty, unity and integrity
Section 152 of the Bharatiya Nyaya Sanhita, 2023 addresses purposeful or knowing conduct, including through spoken or written words, signs, visible representation, electronic communication, financial means or otherwise, that excites or attempts to excite secession, armed rebellion or subversive activities; encourages feelings of separatist activities; or endangers the sovereignty, unity and integrity of India, including acts within the provision's wording.
Statutory explanation: comments disapproving government measures or administrative or other actions with a view to securing change by lawful means do not constitute an offence under this section if they do not excite or attempt to excite the activities identified in it.
For the exact enacted wording, consult the official BNS text hosted by the Bureau of Police Research and Development and the India Code legislative database.
Essential ingredients of Section 152 BNS
- Mental element: the relevant act is done purposely or knowingly.
- Means: expression or conduct may occur through words, signs, visible representation, electronic communication, financial means or other methods.
- Prohibited conduct: the facts must satisfy one of the acts specified in Section 152, such as exciting or attempting to excite secession or armed rebellion, encouraging separatist activities or endangering sovereignty, unity and integrity.
- Lawful criticism: the express statutory explanation and constitutional protections must be considered; disagreement with a government policy by itself is not a substitute for proving the ingredients of the offence.
Punishment and procedure under BNS Section 152
| Issue | Position under BNS Section 152 |
|---|---|
| Punishment | Imprisonment for life, or imprisonment up to seven years, and fine |
| Nature of offence | Cognizable |
| Bail classification | Non-bailable (not an automatic prohibition on judicial bail) |
| Trial court | Court of Session |
| Applicable procedural law | Bharatiya Nagarik Suraksha Sanhita, 2023, subject to transitional rules |
Procedural classification should be checked against the current First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. A cognizable classification does not eliminate constitutional or statutory safeguards.
IPC 124A versus BNS 152: Important differences
| Point | Former IPC Section 124A | Current BNS Section 152 |
|---|---|---|
| Subject | Hatred, contempt or disaffection towards the government established by law | Acts endangering sovereignty, unity and integrity, including specified separatist or rebellious activities |
| Express mental element | Former statutory language, as interpreted by courts | Purposely or knowingly |
| Modes mentioned | Words, signs, visible representation or otherwise | Also expressly mentions electronic communication and financial means |
| Penalty | Life imprisonment, or up to three years, or fine, with fines as specified | Life imprisonment or up to seven years, and fine |
| Criticism exception | Explanations 2 and 3 | Explanation protecting specified lawful disapproval |
Freedom of speech, protest and illustrative situations
Article 19(1)(a) of the Constitution protects freedom of speech and expression, subject to constitutionally permitted restrictions under Article 19(2). The legal distinction depends on the actual content, context, intent and evidence, not merely whether speech is unpopular or critical of authorities.
- Peaceful criticism: a public call to change a tax law through elections or lawful petitions ordinarily falls within political expression, not merely because it criticises the government.
- Alleged encouragement of armed rebellion: an intentional communication seeking to mobilise an armed rebellion may raise questions under Section 152, subject to proof of every applicable ingredient.
- Online communications: electronic posts can be relevant, but the platform alone does not establish an offence.
- Financial support: the reference to financial means does not make every donation or transaction criminal; the prosecution must establish the statutory elements.
Supreme Court proceedings and the old sedition law
In S. G. Vombatkere v. Union of India (interim order dated 11 May 2022), the Supreme Court directed that pending trials, appeals and proceedings concerning charges under IPC Section 124A be kept in abeyance and made related interim observations. In May 2026, the Supreme Court clarified that certain pending proceedings could move forward where the accused did not object. The exact orders and procedural history should be checked before applying them to a particular case.
The constitutionality and application of BNS Section 152 have also been the subject of judicial challenge and debate. It should not be described as automatically struck down or stayed merely because the earlier IPC provision was under judicial scrutiny.
Related legal provisions and further reading
For neighbouring offences against the State, see IPC Section 121 (waging war), IPC Section 121A (conspiracy), IPC Section 122 (collecting arms), IPC Section 123 (concealment) and IPC Section 124 (President or Governor).
Official references: BNS Act text (BPRD); NCRB BNS sections index; India Code; Supreme Court of India.
Frequently asked questions
Is IPC Section 124A still in force for new offences?
The Indian Penal Code was repealed and replaced for new offences from 1 July 2024 by the Bharatiya Nyaya Sanhita, 2023. Historical IPC Section 124A remains relevant to older allegations and pending proceedings, subject to applicable saving provisions and court orders.
Is BNS Section 152 the same as IPC Section 124A?
No. BNS Section 152 addresses acts endangering sovereignty, unity and integrity of India. It is a differently worded provision, not an identical renumbering of the former sedition offence.
What is the punishment under BNS Section 152?
Imprisonment for life or imprisonment up to seven years, and liability to a fine.
Can peaceful criticism of the government be prosecuted under BNS Section 152?
The statutory explanation excludes lawful criticism seeking changes to government measures or actions when it does not excite or attempt to excite the prohibited activities. The facts and constitutional protections matter.
Is an offence under BNS Section 152 bailable?
It is classified as cognizable and non-bailable and triable by a Court of Session under the applicable schedule. Bail remains subject to judicial consideration.
This article provides general legal information. The law applicable to an individual case depends on the date of the alleged act, the facts, current statutory text and binding court orders.