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IPC · Chapter VI · Of offences against the State

IPC section 124A in the BNS

IPC 124ANot carried over

IPC section 124A, “Sedition”, was not carried into the Bharatiya Nyaya Sanhita, 2023, which replaced the IPC on 1 July 2024.

What changed

Why there is no BNS section

The BNS has no offence of sedition. Its section 152, “Act endangering sovereignty, unity and integrity of India”, is a different offence: it punishes exciting secession, armed rebellion or subversive activities, encouraging feelings of separatist activities, or endangering the sovereignty or unity and integrity of India, by words, signs, electronic communication, financial means or otherwise.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.

Sources

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