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Supreme Court Allows Section 124A IPC
The Supreme Court clarifies that sedition trials and appeals under Section 124A IPC may proceed where the accused has no objection. The clarification is for pending sedition cases and challenges to sedition-type provisions under the Bharatiya Nyaya Sanhita.
Sedition Law in India:
| Dimension | Key Details |
|---|---|
| Limited Exception | The clarification creates a limited exception to the 2022 freeze for accused persons who want their cases to proceed. |
| Section 124A IPC | Section 124A IPC criminalised acts that bring or attempt to bring hatred, contempt, or disaffection towards the government established by law in India. |
| Origin | Section 124A IPC has been introduced in 1890 by the British. |
| Punishment | Punishment under Section 124A ranged from imprisonment for life, imprisonment up to 3 years, or fine. |
| Freedom Fighters | The sedition law was used against freedom fighters including Mahatma Gandhi and Bal Gangadhar Tilak. |
| Article 19 | The constitutional validity of sedition was challenged as violating freedom of speech and expression under Article 19(1)(a). |
| Kedar Nath Singh Case | In Kedar Nath Singh v. State of Bihar, 1962, the Supreme Court upheld Section 124A but narrowed its scope. |
| Narrowed Scope | Sedition applies only where speech or expression involves incitement to violence or intention or tendency to create public disorder. |
| Government Criticism | Mere criticism of the government is not sedition unless it has a violent or disorderly tendency. |
| 2022 Interim Order | The Supreme Court put operation of Section 124A on hold on May 11, 2022, pending Union Government review. |
| 2022 Directions | The 2022 order directed governments not to register new FIRs under Section 124A and to keep ongoing investigations, trials, and proceedings in abeyance. |
| Bail | The 2022 order allowed persons already in jail under sedition charges to seek bail. |
| BNS Provision | Section 152 BNS criminalises acts that endanger the sovereignty, unity, and integrity of India. |
| BNS Challenge | Petitioners argue that Section 152 BNS is a repackaged sedition provision, and its validity is under challenge before the Supreme Court. |
| Pending | The broader constitutional question on sedition-type offences under IPC 124A and BNS 152 remains pending before the Supreme Court. |