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Home / IPC ↔ BNS / IPC 124A

IPC 124A vs No BNS provision

Sedition (replaced by BNS 152 — acts endangering sovereignty)

● Removed from BNS

Sedition under IPC Section 124A punished bringing or attempting to bring hatred, contempt or disaffection towards the Government, with imprisonment for life or up to 3 years, and fine. The Supreme Court suspended its operation in S.G. Vombatkere v. Union of India (2022), directing that no fresh cases be registered while it examined the provision constitutionality. The BNS repeals sedition by name; BNS Section 152 instead punishes acts endangering the sovereignty, unity and integrity of India, including exciting secession, armed rebellion, subversive activities or encouraging separatist feelings, with imprisonment for life or up to 7 years, and fine.

Indian Penal Code, 1860 · § 124A

Section 124A IPC punished sedition — bringing or attempting to bring hatred, contempt or disaffection towards the Government — with imprisonment for life plus fine, or up to 3 years plus fine. Its operation had been suspended by the Supreme Court in S.G. Vombatkere v. Union of India (2022).

Bharatiya Nyaya Sanhita, 2023

The BNS omits sedition as such. BNS Section 152 instead punishes acts endangering the sovereignty, unity and integrity of India — including exciting secession, armed rebellion or subversive activities, or encouraging separatist feelings — with imprisonment for life or up to 7 years, and fine.

What changed?

Sedition by name is repealed; replaced by the differently-framed BNS 152, which shifts focus from disaffection towards government to acts endangering the sovereignty, unity and integrity of India.

Frequently asked questions

What is the punishment under IPC 124A?

Imprisonment for life, and fine, or imprisonment up to 3 years, and fine, or fine alone..

Is IPC 124A bailable?

IPC 124A is non-bailable..

Is IPC 124A a cognizable offence?

This is a cognizable. offence.

Is IPC 124A compoundable?

Non-compoundable..

Which court tries a case under IPC 124A?

Matters under IPC 124A are tried before the Court of Session..

What defences are commonly raised under IPC 124A?

Common defences include arguing that the words or acts did not incite public disorder or violence and so fall outside the section as read down in Kedar Nath Singh v. State of Bihar (1962), and that the provision's operation was suspended by the Supreme Court in S.G. Vombatkere v. Union of India (2022), meaning no fresh case should have been registered while that order stood.

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Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons

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