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CHAPTER VI OF OFFENCES AGAINST THE STATE

Section 124A: Sedition

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

1[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, 2***the Government established by law in 3[India], 4***shall be punished with 5[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.]

Footnotes in the official text

  1. 1.Ins. by Act 27 of 1870, s. 5 and subs. by Act 4 of 1898, s. 4, for s. 124A.
  2. 2.The words “Her Majesty or” omitted by the A.O. 1950. The words “or the Crown Representative” ins. after the word “Majesty” by the A. O. 1937 were omitted by the A. O. 1948.
  3. 3.The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.
  4. 4.The words “or British Burma” ins. by the A. O. 1937 and omitted by the A. O 1948.
  5. 5.Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life or any shorter term” (w.e.f. 1-1-1956).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

124A. SeditionNot carried into the new law

Leading cases

Questions on this section

10 questions in 10 of our papers cite Section 124A. Try these from the free papers:

  1. 1. Which of the following correctly describes the position of the offence of sedition (Section 124A IPC) under the BNS?

  2. 2. Compared to the Indian Penal Code, the Bharatiya Nyaya Sanhita, 2023 notably:

Practise questions on Criminal Law