Section 124A IPC (Sedition): Current Status After the Supreme Court Stay and BNS (2026)

Legal Explainer · Section 124A IPC

Updated for 2026 · Claw Editorial

Section 124A of the Indian Penal Code is the sedition law. For over a century it let the State prosecute people for speech or writing seen as disloyal to the Government. Today its status confuses even lawyers: the section is still in the old IPC, the Supreme Court has frozen new cases under it, and the new BNS 2023 does not repeat it, yet a different section (Section 152 BNS) covers similar ground. This guide sets out what the section said, how it was used, what the stay means, and where things stand as of October 2026.

01Section 124A in short

Section 124A IPC (sedition) made it an offence to bring, or try to bring, hatred, contempt or disaffection towards the Government established by law in India, by words, signs or visible representation. It has been stayed in practice since 11 May 2022, and the Bharatiya Nyaya Sanhita 2023 does not carry it forward under the same number.

02What Section 124A says

The section covers anyone who, by spoken or written words, by signs, or by visible representation, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India.

The section also had three explanations. In short, they say that "disaffection" includes disloyalty and all feelings of enmity, and that honest criticism of Government measures or of administrative action, without exciting hatred, contempt or disaffection, is not an offence under this section.

The word "Government" here means the Government established by law, not any individual minister or party. This point matters a great deal in practice and in the cases that followed.

03Key ingredients of the offence

To make out the offence, the prosecution must show the following.

• An act of expression: words (spoken or written), signs, or visible representation.
• A target: the Government established by law in India.
• An effect or attempt: bringing, or trying to bring, hatred or contempt, or exciting, or trying to excite, disaffection.

Courts have read these words narrowly. Mere criticism, even sharp criticism, is not enough. As explained below, the Supreme Court has said there must be a tendency to incite violence or public disorder.

04Cognizable, bailable, triable by

Because the offence is non-bailable, bail is not a matter of right. The court has to be persuaded to grant it. We cover how that works below.

05Punishment under Section 124A

The punishment was imprisonment for life, to which a fine may be added, or imprisonment up to three years, to which a fine may be added, or fine alone.

The wide gap between three years and life gave the courts room, but it also made the section feel heavy to many critics. The Supreme Court order of 2022 (below) responded in part to that concern.

06Kedar Nath Singh and the limits on sedition

The leading case is Kedar Nath Singh v State of Bihar (1962). A Constitution Bench upheld Section 124A but read it down. It held that the section applies only to acts that have a tendency or intention to create disorder, or incite violence. Strong words against the Government that do not do this are protected as free speech.

Later, in Balwant Singh v State of Punjab (1995), the Supreme Court held that casual slogans, without any call to action, did not amount to sedition.

Even so, FIRs under Section 124A were often registered against writers, students, journalists and activists for speech that did not meet this test. That gap between the law as laid down and the law as used is the heart of the debate.

07The 2022 Supreme Court stay

In S.G. Vombatkere v Union of India, the Supreme Court heard a challenge to Section 124A. On 11 May 2022, it passed an interim order. The key points were these.

• The Centre and the States were asked not to register new FIRs under Section 124A while the provision was being re-examined.
• People already in jail on this charge could ask the courts for bail.
• Pending trials and appeals under the section were to be kept in abeyance.

The Union had told the Court that it was re-examining the provision. The constitutional question, whether Section 124A is valid, has still not been decided.

In May 2026 a Division Bench clarified that proceedings with sedition charges can continue if the accused has no objection. This gives a narrow route for those who want their trial to go on.

08BNS 2023: Section 152 and how it differs

The Bharatiya Nyaya Sanhita 2023 replaced the IPC and came into force on 1 July 2024. It does not have a section called sedition, and the old Section 124A has no direct one-to-one match. Instead, Section 152 BNS deals with "acts endangering sovereignty, unity and integrity of India".

Section 152 BNS covers a person who, purposely or knowingly, by words, signs, visible representation, electronic communication or financial means, excites or attempts to excite secession, armed rebellion or subversive activities, encourages feelings of separatist activities, or endangers the sovereignty or unity and integrity of India. The punishment is imprisonment for life, or imprisonment up to seven years, and fine.

Critics say Section 152 is sedition in new clothes, with a higher minimum-style punishment range and vague words such as "subversive activities". The Government says it is aimed at real threats to the nation and not at criticism. A petition challenging Section 152 BNS has been tagged with the pending Section 124A challenge in the Supreme Court.

Note on numbering: BNS section numbers do not match IPC numbers, and there is no safe one-to-one mapping here. Always check the current bare text. For the general table, see our IPC to BNS section mapping guide.

09Bail, defence and quashing

Because the position on both sections is unsettled, practical points matter more than usual.

Bail

Section 124A is non-bailable, so the accused applies for bail in the court of Session or the High Court. The 2022 order lets people held under this section seek bail. For any new BNS case, bail follows the usual rules under the BNSS 2023 and the facts of the case. Lawyers handling these files can track their matters with a case management tool built for criminal lawyers.

Defence

• Argue that the words were criticism, not incitement, relying on Kedar Nath Singh.
• Show there was no tendency to create disorder or violence.
• Challenge the FIR itself if it was registered after 11 May 2022 under Section 124A.

Quashing

An accused can ask the High Court to quash the FIR, using its inherent power (Section 482 CrPC, now Section 528 BNSS). The court asks whether the allegations, taken as true, make out the offence at all. In sedition cases, courts have quashed FIRs where the speech was plain criticism.

10Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For a section like this one, the work is finding the right judgments. You need Kedar Nath Singh, Balwant Singh, Vombatkere and the High Court orders that applied them, and you need to follow how the pending challenge moves. Claw covers 9,102 forums and 30 crore+ judgments, with results in under 5 seconds. Create a FREE Claw account to search 30 crore+ judgments on this section and track related cases by party name.

11Related guides

If your practice also touches other statutes in this series, see our guides on Section 11 of the Arbitration Act and Section 9 of the IBC. For the official text, use India Code and the Supreme Court of India website.

This page is general information, not legal advice.

12Frequently asked questions