Sedition
Section 124A of the Indian Penal Code, 1860 deals with 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 li The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Explanation 1.-The expression "disaffection" includes disloyalty and all feelings of enmity.
Explanation 2.-Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3.-Comments expressing disapprobation of the administrative or other action of the Government without exciting or
attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.]
125.
Waging war against any Asiatic Power in alliance with the Government
Section 124A, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
No provision of the Bharatiya Nyaya Sanhita is textually close to this one. No close match found
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vinod Dua v. Union of India & Ors.
Court's Decision & Legal Precedent
SC quashes FIR including DMA s.54 (false warning) and sedition charges against journalist Vinod Dua: critical pandemic reporting is protected speech; s.54 false-alarm offence is not attracted by bona fide journalistic criticism of government preparedness. DATE VERIFIED Judgement of Main Case 2021-06-03 (order-14.pdf). Existing CNR already on ipc 124A — remap only.
On this section: A journalist’s critical appraisal of government policy is not IPC 124A sedition unless it incites violence or public disorder; Kedar Nath Explanations 2 and 3 protect such speech (Vinod Dua). No BNS successor.
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Pravasi Bhalai Sangathan vs U. O. I.
Court's Decision & Legal Precedent
Where statutory provisions provide comprehensive remedies for addressing hate speeches, and the existing legal regime is sufficiently developed to address the menace through enforcement by law enforcing agencies and executive bodies, courts should not issue new judicial directions that go beyond their separation of powers authority or create judicially unmanageable orders. Instead, courts should emphasize effective execution of existing law and request appropriate bodies like the Law Commission to undertake legislative study and make recommendations for strengthening the legal framework. Judicial activism, while legitimate for addressing legal vacuums or preventing fraud upon statutes, must yield to separation of powers principles and the primacy of legislative action when the legislature has already expressed its will through comprehensive statutory schemes.
On this section: Sedition - offence of attempting to bring into hatred or contempt or exciting disaffection towards the Government established by law; applied with reference to Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 124A
What have the courts held on Section 124A of the Indian Penal Code?
Vinod Dua v. Union of India & Ors. (03 Jun 2021) is the leading judgment on this section among those set out below: A journalist’s critical appraisal of government policy is not IPC 124A sedition unless it incites violence or public disorder; Kedar Nath Explanations 2 and 3 protect such speech (Vinod Dua). No BNS successor. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2014 to 2021.
How do I find court cases under Section 124A of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 124A, section 124A IPC, section 124A of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vinod Dua v. Union of India & Ors. (03 Jun 2021).
What should I read with Section 124A of the Indian Penal Code, and has it changed?
3 other provisions in this corpus refer back to it.
When did Section 124A of the Indian Penal Code come into force?
Section 124A of the Indian Penal Code, cited as IPC 124A, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.