The Sedition Law Transition: Section 124A IPC to Section 152 BNS
A Supreme Court Bench comprising Chief Justice of India Surya Kant
and Justices Joymalya Bagchi and Vipul M. Pancholi has clarified the procedural
transition from the IPC to the Bharatiya Nyaya Sanhita (BNS). The Court ruled
that trials and appeals involving Section 124A IPC (Sedition) may proceed only
if the accused provides explicit consent. This addresses the legal limbo of
cases stayed during the judiciary's four-year re-examination of the law.
Mentor's Note: For GS-II, focus on how Section 152 BNS is currently
being challenged via PILs for being a "re-packaged" version of the
colonial law, using broad terms that may chill free speech.
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|
Feature |
Section 124A (IPC) |
Section 152 (BNS) |
|
Nomenclature Live NCERT FoundationMaster the basics with our live NCERT classes. The perfect foundation for your UPSC journey. |
Sedition |
Acts endangering sovereignty, unity, and integrity |
|
Terminology |
"Disaffection" toward Government Advanced GS CourseDeep dive into General Studies with our comprehensive expert-led modules. |
"Subversive activity," "encouragement of separatism" |
|
Legal Status |
Colonial legacy; currently in transition |
Modernized but under PIL challenge for vagueness |
|
Judicial Doctrine |
"Need to Balance" (CJI N.V. Ramana) |
Subject to "Decisive Merit" (CJI Surya Kant) |