Section 124A IPC - Sedition Law Before BNS 2023

Section 124A of the Indian Penal Code, 1860 was the statutory provision historically titled "Sedition." It dealt with specified words, signs, visible representations or other conduct directed towards the Government established by law in India, subject to the three statutory explanations and the limits placed on the provision by constitutional interpretation.

Important pre-BNS status: On 11 May 2022, the Supreme Court of India, in S.G. Vombatkere v. Union of India and connected matters, expressed the expectation that governments would refrain from registering FIRs, continuing investigations or taking coercive measures by invoking Section 124A while the provision was under reconsideration. Pending trials, appeals and proceedings with respect to charges framed under Section 124A were directed to be kept in abeyance. These directions were to continue until further orders. The constitutional challenge was subsequently referred in September 2023 to a bench of at least five judges.

Scope of this article: This page explains the IPC position immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It therefore distinguishes the text of Section 124A from the Supreme Court directions affecting its operation during that period.

Section 124A IPC: statutory text and meaning

Section 124A applied where a person, by words spoken or written, by signs, by visible representation or otherwise, brought or attempted to bring into hatred or contempt, or excited or attempted to excite disaffection towards the Government established by law in India.

The statutory punishment was imprisonment for life, to which fine could be added; or imprisonment which could extend to three years, to which fine could be added; or fine.

Explanations to Section 124A IPC

Explanation 1 - Meaning of disaffection

The section expressly stated that "disaffection" included disloyalty and all feelings of enmity.

Explanation 2 - Lawful criticism of Government measures

Comments expressing disapprobation of measures of the Government with a view to obtaining their alteration by lawful means did not constitute an offence under Section 124A so long as they did not excite or attempt to excite hatred, contempt or disaffection.

Explanation 3 - Criticism of administrative or other Government action

Comments expressing disapprobation of administrative or other action of the Government, without exciting or attempting to excite hatred, contempt or disaffection, did not constitute an offence under the section.

Constitutional interpretation in Kedar Nath Singh

In Kedar Nath Singh v. State of Bihar, the Constitution Bench of the Supreme Court upheld Section 124A while construing its operation in light of the constitutional guarantee of freedom of speech. The decision confined the penal application of the provision to the legally relevant category of conduct involving incitement to violence or tendency to create public disorder, rather than treating every strongly worded criticism of government as sedition.

Accordingly, the statutory language had to be read together with the binding constitutional interpretation. The statutory explanations themselves also protected criticism seeking lawful change or criticizing administrative action where the prohibited hatred, contempt or disaffection was not excited or attempted.

Essential legal elements under the pre-BNS framework

The impugned conduct had to fall within words, spoken or written, signs, visible representation or the residual expression "otherwise."
There had to be the prohibited bringing or attempted bringing into hatred or contempt, or exciting or attempted exciting of disaffection towards the Government established by law in India.
The provision was subject to its three statutory explanations protecting the categories of lawful disapprobation described in them.
Its application was further controlled by the constitutional construction adopted in Kedar Nath Singh.
From the Supreme Court's interim order of 11 May 2022, the special judicial directions concerning new and pending Section 124A proceedings also had to be taken into account.

Punishment and CrPC classification

Particular	Pre-BNS Section 124A position
Statutory punishment	Imprisonment for life and possible fine; or imprisonment up to three years and possible fine; or fine
Cognizability	Cognizable
Bail classification	Non-bailable
Court competent to try	Court of Session
Operational qualification before BNS	Subject to the Supreme Court's interim directions beginning 11 May 2022 concerning registration, investigation, coercive measures and pending proceedings under Section 124A

Legislative history retained from the IPC

Section 124A was inserted by Act 27 of 1870 and later substituted by Act 4 of 1898. References associated with the colonial constitutional structure were successively amended or omitted through the Adaptation Orders of 1937, 1948 and 1950 and subsequent legislation. The punishment reference to transportation for life or a shorter term was replaced by imprisonment for life by Act 26 of 1955 with effect from 1 January 1956.

Section 124A IPC after 1 July 2024

The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, except Section 106(2). The BNS does not reproduce an offence titled "Sedition." Section 152 BNS separately creates an offence concerning acts endangering the sovereignty, unity and integrity of India. Because the wording and statutory formulation are not identical to Section 124A IPC, Section 152 BNS should not be described simply as a renumbering of Section 124A.

Related IPC provisions

Section 124A appeared in Chapter VI of the IPC dealing with offences against the State. Nearby provisions included Section 121 IPC on waging or attempting to wage war, Section 121A IPC on conspiracy, Section 122 IPC on collecting arms with intention of waging war, Section 123 IPC on concealing a design to wage war, and Section 124 IPC concerning assaulting the President or Governor with the specified intent.

Key point: A correct account of Section 124A immediately before BNS implementation requires three layers to be kept distinct: the statutory IPC text and explanations, the constitutional construction in Kedar Nath Singh, and the Supreme Court's interim directions from 11 May 2022 affecting the operation of the provision.

This article provides general information on the legal position before commencement of the Bharatiya Nyaya Sanhita, 2023. Application to a particular proceeding depends on its facts, dates, judicial orders and applicable saving provisions.