Section 124A is a statutory provision in the Indian Penal Code (IPC), 1860, which defines the offence of Sedition. The term "Sedition" is often used to refer to this specific section of the IPC, but it has now been replaced by a new provision in the Bharatiya Nyaya Sanhita (BNS).
The provision was not part of the original IPC of 1860 but was inserted in 1870 by an amendment drafted by Sir James Fitzjames Stephen. It was introduced by the British Raj to suppress dissent and the growing Indian independence movement.
Section 124A penalizes anyone who, by words, signs, or 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 punishment for this non-bailable offence ranges from imprisonment up to three years to a life term, with a fine. The term "disaffection" is broadly defined to include "disloyalty and all feelings of enmity". However, the Supreme Court, in the landmark case of Kedar Nath Singh v. State of Bihar (1962), upheld the section's constitutionality but significantly narrowed its scope, ruling that it only applies to acts that have the "intent or inclination to create public disorder" or "incitement to violence". Criticism of government measures with a view to obtaining their alteration by lawful means is explicitly excluded from the offence.
Section 124A of the IPC has been replaced by Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023. The BNS completely drops the word "sedition," renaming the offence to "Acts endangering sovereignty, unity, and integrity of India". While the old section is replaced, the new Section 152 targets similar actions, such as exciting "secession, armed rebellion, separatist activities, or subversive activities". Prior to its replacement, the Supreme Court, in S.G. Vombatkere vs Union of India, had put a freeze on all pending trials and the registration of new First Information Reports (FIRs) under Section 124A in May 2022.