Section 124A IPC: Sedition
Indian Penal Code, 1860
This section has been repealed and creates no offence
Section 124A was repealed with the rest of the Indian Penal Code when the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Its operation had already been suspended before that. In S.G. Vombatkere v. Union of India, an order dated 11 May 2022 by a bench of Chief Justice N.V. Ramana and Justices Surya Kant and Hima Kohli directed that no new FIRs be registered under this section and that all pending proceedings be kept in abeyance, while the Union re-examined the provision. The Supreme Court has never held Section 124A unconstitutional. Kedar Nath Singh v. State of Bihar (1962) upheld it while confining it to speech tending to incite violence or public disorder, and that decision still stands. The classification below describes the section as it stood and has no operative effect today. The official comparison of the two Codes shows Section 124A as deleted and Section 152 of the Bharatiya Nyaya Sanhita as a new section. Section 152 is differently framed, as it targets secession, armed rebellion and subversive activities and not disaffection towards the Government.
Section 124A IPC at a Glance
Section 124A IPC dealt with sedition. It is no longer in force; see the note above.
Imprisonment for life, or imprisonment of either description for up to three years.
Section 124A IPC Bare Act Text
124A. 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, 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.
Source: Section 124A, Indian Penal Code, 1860
Section 124A IPC in Simple Words
Section 124A of the Indian Penal Code (IPC) made sedition an offence. It punished a person who, by words, signs or visible representation, 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 punishment was imprisonment for life, to which fine could be added, or imprisonment for up to three years, to which fine could be added, or fine alone. The offence was cognizable and non-bailable, and it was tried by a Court of Session.
The section was repealed with the rest of the IPC on 1 July 2024.
Ingredients of Section 124A IPC
- The accused used words, spoken or written, or signs, or visible representation, or any other means
- The accused brought or attempted to bring the Government established by law in India into hatred or contempt, or excited or attempted to excite disaffection towards it
- Disaffection includes disloyalty and all feelings of enmity
Punishment Under Section 124A IPC
Imprisonment for life, or imprisonment of either description for up to three years.
Fine could be added to either term of imprisonment, or fine alone could be imposed.
Sedition carried imprisonment for life, or up to three years, or fine, until the IPC was repealed.
Example of Section 124A IPC
When Section 124A IPC Does Not Apply
- A speaker criticised government measures in order to procure their alteration by lawful means, without exciting or attempting to excite hatred, contempt, or disaffection.
- An article expressed strong disapproval of an administrative action of the Government without exciting or attempting to excite hatred, contempt, or disaffection.
- The remarks were directed at an individual politician or a private political party rather than at the Government established by law in India.
Section 124A IPC in the BNS
Section 124A IPC is now covered under Section 152 BNS.
Section 124A IPC was not carried into the BNS. The BNS drops sedition and enacts a new offence in Section 152 BNS, for acts endangering the sovereignty, unity and integrity of India. The new offence speaks of secession, armed rebellion and subversive activities and no longer of disaffection towards the Government. It carries imprisonment for life, or up to seven years, and fine.
View detailed comparison (IPC 124A vs BNS 152) →FAQs on Section 124A IPC
What does Section 124A IPC provide?▼
It made sedition an offence. It punished bringing or attempting to bring into hatred or contempt, or exciting or attempting to excite disaffection towards, the Government established by law in India, by words, signs or visible representation.
What was the punishment under Section 124A IPC?▼
Imprisonment for life, to which fine could be added, or imprisonment for up to three years, to which fine could be added, or fine alone.
What does disaffection mean in Section 124A IPC?▼
Explanation 1 says that it includes disloyalty and all feelings of enmity.
Did criticism of the Government amount to an offence under Section 124A IPC?▼
Not by itself. Explanations 2 and 3 say that comments disapproving the measures, or the administrative or other action, of the Government do not constitute the offence if they do not excite or attempt to excite hatred, contempt or disaffection. For comments on measures, the aim must be to obtain their alteration by lawful means.
Was an offence under Section 124A IPC cognizable?▼
Yes. The First Schedule to the CrPC made it cognizable.
Was an offence under Section 124A IPC bailable?▼
No. It was non-bailable.
Which court tried an offence under Section 124A IPC?▼
A Court of Session.
Could an offence under Section 124A IPC be compounded?▼
No. It was not listed in Section 320 CrPC.
Can a new case be started under Section 124A IPC?▼
No. The Supreme Court directed on 11 May 2022 that no fresh first information report be registered under it while the Union re-examined it, and the IPC was repealed on 1 July 2024.
Where is Section 124A IPC in the Bharatiya Nyaya Sanhita?▼
It has no counterpart. The nearest provision is Section 152 BNS, a new offence.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·