Section 124A punishes any criticism of the government.

The Supreme Court in Kedar Nath Singh (1962) held that strong criticism or disapproval of government policies is not sedition unless it incites violence or public disorder.

Section 124A is still actively enforceable today exactly as written.

The Supreme Court ordered its use to be kept in abeyance in 2022, and the IPC (including Section 124A) was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023, which contains a differently worded provision (Section 152).

Indian Penal Code, 1860

Section 124A

repealed

Sedition

Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, a shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.§

Why this exists

Section 124A was inserted into the Indian Penal Code in 1870 (and amended in 1898) by the British colonial government, largely to suppress nationalist writings and speeches that criticized colonial rule. It was used against figures like Bal Gangadhar Tilak and Mahatma Gandhi. After independence, the law was retained in the IPC, though its compatibility with the constitutional right to free speech (Article 19(1)(a)) has been repeatedly questioned.

How courts read it

In Kedar Nath Singh v. State of Bihar (1962), the Supreme Court upheld the constitutionality of Section 124A but narrowed its scope significantly: mere criticism of the government, however strong, is not sedition unless it incites or tends to incite violence or public disorder. Despite this, the law continued to be invoked broadly against journalists, activists, and students. In S.G. Vombatkere v. Union of India (2022), the Supreme Court ordered that Section 124A be kept in abeyance — directing the government and police not to register new cases under it while its constitutionality was reconsidered. With the enactment of the Bharatiya Nyaya Sanhita, 2023 (effective July 2024), the IPC itself was repealed, and sedition was replaced by a differently worded provision, Section 152 BNS, covering acts endangering the sovereignty, unity, and integrity of India.

Common misconceptions

Myth: Section 124A punishes any criticism of the government.
Fact: The Supreme Court in Kedar Nath Singh (1962) held that strong criticism or disapproval of government policies is not sedition unless it incites violence or public disorder.
Myth: Section 124A is still actively enforceable today exactly as written.
Fact: The Supreme Court ordered its use to be kept in abeyance in 2022, and the IPC (including Section 124A) was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023, which contains a differently worded provision (Section 152).