A revival of sedition tied to consent

The Supreme Court's May 21 clarification partially revives sedition proceedings under Section 124A for consenting accused persons; the direction creates disparity in the working of Section 124A and leaves the accused caught between trial under an undecided law and indefinite limbo.

By Newsroom

Published 29 May 2026 at 11:14 am IST

A three-judge Bench headed by Chief Justice of India Surya Kant clarified on May 21 that courts may proceed with trials, appeals, and proceedings under Section 124A of the now-repealed Indian Penal Code if the accused raise no objection.

In effect, the direction partially revived the paused colonial-era sedition provision for those willing to face trial.

The direction came in a special leave petition filed byan individual named Kamran, who was anxious about his nearly-decade-old appeal against conviction under the Unlawful Activities (Prevention) Act, the Arms Act, and several provisions of the IPC, including Section 124A.

He and his co-accused were sentenced to life imprisonment by a Sessions Court in Madhya Pradesh in February 2017.

Their appeal before the State High Court had remained in limbo after the Supreme Court orderedall ongoing and future proceedings under Section 124A to be kept in abeyance via an interim order on May 11, 2022.