Sedition to Section 152 BNS: what is punishable, what to do if booked
Where the old sedition law stands after the 2022 stay, what Section 152 BNS punishes, what courts have said about it, and your rights if an FIR is registered.
In short
- The old sedition offence, Sec 124A IPC, was put on hold by the Supreme Court in 2022 and was not carried into the Bharatiya Nyaya Sanhita, 2023 (BNS). The word "sedition" is gone from the statute book.
- Its successor, Sec 152 BNS, punishes acts that "purposely or knowingly" excite secession, armed rebellion or subversive activities, or endanger India's sovereignty, unity and integrity. Punishment: life imprisonment or up to seven years, plus fine.
- Criticising the government or its policies to get them changed by lawful means is expressly not an offence under the section's Explanation.
- If booked: get a lawyer immediately (15100), do not delete your post or speech, ask for the FIR, and consider a High Court quashing petition.
- As of October 2026, the validity of Sec 152 is under challenge in the Supreme Court, but the section is in force.
For over 150 years, Indians could be jailed for words that showed "disaffection" towards the government. Tilak and Gandhi were tried under it; after independence it was used against students, journalists and activists. Since 1 July 2024 the Indian Penal Code has been replaced by the BNS, which has no offence called sedition. A new provision, Sec 152 BNS, now occupies a related space.
The old law and where it stands
Sec 124A IPC punished anyone who brought or tried to bring "hatred or contempt", or excited "disaffection", towards the government established by law, with up to life imprisonment. In Kedar Nath Singh v. State of Bihar (1962) the Supreme Court upheld the section but narrowed it: only speech that incites violence or tends to create public disorder could be sedition. Strong criticism of the government was not enough. In practice, police often ignored that limit.
In S.G. Vombatkere v. Union of India (May 2022) the Supreme Court put Section 124A in abeyance. It asked the Centre and states not to register new sedition FIRs and kept pending trials on hold while the government reconsidered the law. In May 2026 the Court clarified, in an appeal called Kamran v. State of Madhya Pradesh, that a pending Section 124A trial or appeal may proceed where the accused consents. The challenge to the section's validity itself remains pending. If you have an old sedition case, ask your lawyer about the current position.
What Section 152 BNS says
Sec 152 BNS is titled "Act endangering sovereignty, unity and integrity of India". It punishes anyone who, purposely or knowingly, by words spoken or written, signs, visible representation, electronic communication, use of financial means, or otherwise:
- excites or attempts to excite secession, armed rebellion or subversive activities;
- encourages feelings of separatist activities; or
- endangers the sovereignty or unity and integrity of India,
or indulges in or commits any such act. The punishment is imprisonment for life, or imprisonment up to seven years, and a fine. The offence is cognizable (police can arrest without a warrant), non-bailable (bail is at the court's discretion) and tried by a Sessions Court.
The Explanation to the section matters as much as the text: comments expressing disapproval of the measures or actions of the Government, made with a view to obtaining their alteration by lawful means, are not an offence under this section, so long as they do not excite or attempt to excite the activities listed above.
What changed, and what did not
Three things changed. The target moved from "the government" to the country's sovereignty and unity. The word "disaffection" is gone. And the section now requires that the act be done "purposely or knowingly", so intention or knowledge must be proved.
What did not change is the severity: life imprisonment remains possible, and the new terms "subversive activities" and "feelings of separatist activities" are not defined. Critics argue that this leaves room for the same misuse; the government's position is that the section targets threats to the nation, not dissent. In Tejender Pal Singh v. State of Rajasthan (2024) the Rajasthan High Court quashed an FIR under Sec 152 over a social media video, holding that the section requires deliberate intent and a direct link between the words and a real risk of rebellion or secession, and that voicing dissent or criticism is not an offence. Petitions challenging the validity of Sec 152 are pending in the Supreme Court, which has sought the Centre's response; as of October 2026 the section has not been stayed.
Step by step: if you are booked under Section 152
- Get a lawyer the same day. This is a serious, non-bailable charge. If you cannot afford one, call 15100 or go to the District Legal Services Authority at the district court.
- Do not delete the post, video or speech. Deleting looks like concealment and removes the context that is usually your best defence. Save a complete copy with the date.
- Ask for the FIR. You are entitled to a free copy. Read exactly what words or acts are alleged and whether the FIR says anything about intent or incitement.
- Use your arrest rights. You must be told the grounds of arrest, may inform a family member or friend, may consult your lawyer, and must be produced before a magistrate within 24 hours. Do not sign any statement without your lawyer.
- Apply for bail with the right material. Place the full speech or post, its context, and your lack of any call to violence before the Sessions Court. Anticipatory bail is possible if you have not yet been arrested.
- Consider quashing. If the words show criticism rather than incitement to secession or rebellion, your lawyer can ask the High Court to quash the FIR under Sec 528 BNSS or Art 226, citing Kedar Nath Singh and Tejender Pal Singh.
Farida, a farmer-activist, gave a speech at a rally accusing the state government of betraying farmers and calling for a statewide bandh. A week later she learned that an FIR under Sec 152 BNS had been registered. She did not delete the rally video. Her lawyer, arranged through the DLSA, obtained the FIR copy, which quoted only her words about the government's "betrayal". He filed an anticipatory bail application with the full video transcript showing a call for a peaceful bandh and no reference to secession or armed rebellion. The Sessions Court granted interim protection, and the High Court later quashed the FIR, noting the Explanation to Sec 152 and the absence of any intent to excite rebellion.
Keep these ready
- A complete, dated copy of the speech, post or video, with the surrounding context
- Copy of the FIR and any notice served on you
- Names and contacts of people present who can describe what was actually said
- Your identity proof and address proof for bail
- Contact details of your lawyer or the DLSA, written on paper in case your phone is seized
The commonest mistake is to panic and delete everything, or to "explain yourself" to the police without a lawyer. Both can hurt you. Also, do not assume that because sedition is "gone" harsh speech carries no risk: Sec 152 BNS is in force and carries life imprisonment.
Where to go
- Free legal aid, urgently: 15100 (NALSA); the District Legal Services Authority at your district court; nalsa.gov.in.
- FIR copy: the Station House Officer; if refused, the Superintendent of Police or the Judicial Magistrate.
- Custodial mistreatment: the Magistrate at your first production, and the NHRC (hrcnet.nic.in, helpline 14433).
- Courts: Sessions Court for bail or anticipatory bail; High Court for quashing (Sec 528 BNSS, Art 226); Supreme Court under Art 32 (sci.gov.in).
- Emergency: 112.
Common questions
Is sedition still a crime in India?
Not by that name. The old Section 124A IPC has been in abeyance since the Supreme Court's 2022 order in S.G. Vombatkere, and the BNS, in force from 1 July 2024, has no sedition offence. But Section 152 BNS punishes acts that excite secession, armed rebellion or subversive activities or endanger India's sovereignty and unity, with up to life imprisonment, so speech of that kind remains a serious crime.
Can I be charged under Section 152 for criticising the government?
The section itself says no: its Explanation protects comments disapproving of government measures made with a view to changing them by lawful means. The offence requires that you purposely or knowingly excite secession, rebellion or subversive activity. If an FIR is registered over mere criticism, the High Court can quash it, as the Rajasthan High Court did in Tejender Pal Singh (2024).
Is Section 152 BNS bailable?
No. It is a cognizable and non-bailable offence tried by a Sessions Court. Bail is at the court's discretion, and anticipatory bail can be sought before arrest. Courts weigh whether the words actually show intent to excite secession or rebellion; where they show only dissent, bail or quashing is commonly granted.
What happened to old sedition cases?
In 2022 the Supreme Court kept all pending Section 124A trials and appeals on hold. In May 2026 it clarified that such a proceeding may go ahead where the accused consents. The challenge to the section's validity is still pending, so an accused in an old case should take advice on whether to consent or wait.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
