IPC Section 124A Sedition and BNS Section 152: Current Law in India

What did IPC Section 124A define as sedition?

Under the former Section 124A, sedition concerned a person who, through spoken or written words, signs, visible representations or other means, brought or attempted to bring into hatred or contempt, or excited or attempted to excite disaffection towards, the Government established by law in India.

Explanation 1: The expression "disaffection" included disloyalty and all feelings of enmity.

Explanation 2: Comments disapproving government measures with a view to changing them by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, did not constitute an offence under that section.

Explanation 3: Comments disapproving administrative or other government action without exciting or attempting to excite hatred, contempt or disaffection did not constitute an offence under that section.

Punishment under the former IPC Section 124A

The former statutory text provided for imprisonment for life, to which a fine could be added; or imprisonment extending to three years, to which a fine could be added; or a fine alone. Judicial interpretation and subsequent Supreme Court directions are critical when assessing the former provision.

BNS Section 152: Acts endangering sovereignty, unity and integrity of India

Section 152 of the Bharatiya Nyaya Sanhita, 2023 concerns a person who purposely or knowingly, by words (spoken or written), signs, visible representation, electronic communication, use of financial means or otherwise, 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.

The section also addresses involvement in or commission of any such act. Its explanation preserves comments expressing disapproval of government measures or administrative action with a view to obtaining their alteration by lawful means, provided those comments do not excite or attempt to excite the prohibited activities.

Meaning of key terms

Secession generally refers to an attempt to separate a territory from the Union. Armed rebellion denotes rebellion involving armed force. Subversive activities is a statutory expression whose application must be assessed in context and in accordance with constitutional guarantees. These plain-language explanations do not replace judicial interpretation.

Punishment under BNS Section 152

A person convicted under Section 152 may be punished with imprisonment for life or imprisonment extending to seven years, and is also liable to a fine.

Speech, criticism, protest or political disagreement must be assessed against the precise statutory elements and the protections of Article 19(1)(a) of the Constitution, subject to constitutionally permissible restrictions under Article 19(2). Mere disapproval of government policy is not, by itself, equivalent to the conduct described in Section 152.

IPC 124A and BNS 152: Key differences

Examples to understand the distinction

Lawful criticism: An article calling for repeal of a law through peaceful democratic means does not automatically amount to an offence under Section 152. Alleged incitement: A communication purposely encouraging armed rebellion may require examination under Section 152. These are illustrations, not findings about any real case.

Procedure and bail

For a present-day Section 152 allegation, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), including its First Schedule, governs procedural classification and the applicable rules on arrest, investigation and bail. The offence is classified as cognizable and non-bailable, and triable by the Court of Session. Non-bailable does not mean that bail can never be granted.

Important Supreme Court judgments and historical sedition case law

Kedar Nath Singh v. State of Bihar (AIR 1962 SC 955)

The Supreme Court upheld the constitutionality of the former sedition provision on a restricted construction associated with incitement to violence or a tendency to create public disorder. Its interpretation is central to understanding the historical operation of IPC Section 124A; it should not be assumed automatically to settle every interpretive question arising under the differently worded BNS Section 152.

Supreme Court interim order in S.G. Vombatkere v. Union of India (11 May 2022)

The Supreme Court issued interim directions concerning registration and continuation of proceedings under IPC Section 124A while the provision was under reconsideration. Those directions, later proceedings and transitional statutory provisions should be checked before advising on any pending or historical case.

Other historical authorities and citations from the original article

The following references are preserved for research continuity. Some entries in the original article contain apparent spelling, date or citation inconsistencies and have not been independently verified. Consult the reported judgment before relying on any citation in court.

1. Queen v. Jogendra Chandra Bose ILR 19 Cal 35
2. Queen v. Balgangadhar Tilak ILR 22 Bom. 112
3. Q.E. v. Ambika Prasad ILR 20 All. 55.
4. Niharendra Dutta Majumdar AIR 1942 FC 22 at 26
5. Emperor v. Sada Shiv Narayan AIR 1943 PC 82
6. Ramesh Thapar AIR 1950 SC 124
7. Brij Bhusan AIR 1950 SC 129
8. Kedarnath Singh AIR 1962 SC 955
9. Bal Gangadhar Tilak (1867) 22 Bom. 112
10. Niharendra Dutta Majumdar (1942) FCR 38
11. Sadashiv Narayan (1947) 49 Bom. L.R. 526
12. Ram Nandan v. State IR 1959 All 101
13. B.G. Tilak (1867) ILR 22 Bom 112
14. Satyendar Nath Mazumdar v. Emp. AIR 1931 Cal 337
15. Surendra Narayan Adicharya (19110 39 Cal 522
16. Kshiteesh Chandra Roy v. Emp. AIR 1932 Cal 547
17. Bhaskar (1906) 8 Bom. LR 421
18. Arjun Arora v. Emp AIR 1937 All. 295
19. Dhirendra Nath Sen, (1938) 2 Cal 672
20. Suresh Chandra Sanyal (1912) 39 Cal 606
21. Chunni Lal (1931) 12 Lah. 483
22. Alexander M. Sullivan *1868) 11 Cox 44 at 51
23. Apurba Krishna Bose (1907) 35 Cal 141

For additional material, see Indian Penal Code judgments and citations and the IPC sections and punishments guide.

Official legislation and primary sources

• Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) - India Code PDF
• India Code - central legislation database
• Supreme Court of India - judgments and orders
• Ministry of Home Affairs - criminal law updates

For pre-1 July 2024 conduct, review the applicable law on the date of the alleged act and relevant savings provisions. This article provides general legal information, not advice for a particular prosecution.

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