The sedition law in India, a colonial legacy under Section 124A of the Indian Penal Code (IPC), has been one of the most controversial provisions in criminal law. Used during British rule to suppress nationalist voices, it continued in post-independence India, often criticized for curbing free speech.
In 2023, the Government of India announced the repeal of sedition law while introducing new provisions under the Bharatiya Nyaya Sanhita (BNS), 2023. While the term “sedition” has been removed, debates continue on whether this change is a true repeal or simply a rebranding.
What Was Sedition Under IPC?
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Section 124A IPC defined sedition as any act, words, or expression that brought hatred, contempt, or disaffection towards the government.
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Punishment: Life imprisonment or imprisonment up to three years, along with a fine.
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Criticism: The law was vague, prone to misuse, and often applied against journalists, students, and activists.
Repeal of Sedition Law
In August 2023, Union Home Minister Amit Shah announced the repeal of Section 124A IPC as part of the criminal law overhaul. The government emphasized moving away from colonial-era laws and focusing on justice instead of punishment.
The New Provision – Section 150, Bharatiya Nyaya Sanhita (BNS)
Though sedition is repealed, a new provision under Section 150 BNS has been introduced.
It penalizes acts that:
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Excite or attempt secession, armed rebellion, or subversive activities,
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Endanger the sovereignty, unity, or integrity of India,
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Encourage separatist sentiments using words, signs, electronic communication, or financial support.
Punishment: Life imprisonment or up to seven years with a fine.
Law Commission’s Recommendation
The 22nd Law Commission (2023) did not recommend a total repeal. Instead, it suggested:
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Retaining sedition with safeguards against misuse,
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Requiring prior government sanction before registering a sedition FIR,
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Narrowing the definition to prevent its use against legitimate dissent.
Is It a Repeal or Rebranding?
Critics argue that the essence of sedition still exists in the new law:
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The term “sedition” has been dropped, but the scope remains similar or broader.
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Section 150 BNS expands the law to include digital and financial activities, raising fresh concerns of misuse.
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Many scholars call this a repackaged sedition law.
Judicial Scrutiny
The Supreme Court of India is currently examining petitions that challenge both the old sedition law and the new BNS provisions. Petitioners argue that the law continues to restrict free speech and democratic dissent.
Recent Developments
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In 2025, the Supreme Court issued notice to the Centre on a plea alleging that Section 152 BNS revives sedition in a new form.
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Several sedition cases under the old IPC, such as against activists and journalists, have been struck down by lower courts, citing misuse.
Implications for Free Speech
| Concern | Effect |
|---|---|
| Broader wording under BNS | May criminalize criticism of the government. |
| Digital communication included | Expands scope to online speech, social media, and financial support. |
| Need for safeguards | Lack of clear guidelines increases risk of arbitrary arrests. |
Conclusion
The repeal of sedition law under IPC was hailed as a progressive step. However, the introduction of Section 150 BNS indicates that the state has retained broad powers to act against speech deemed threatening to sovereignty and integrity.
The real challenge lies in ensuring that this law is not misused against legitimate criticism, dissent, or protest—an essential feature of a democratic society. The ongoing judicial review will play a crucial role in striking the right balance between national security and free expression.