Sedition — Abolished and Replaced

6.1 IPC Section 124A — The Colonial Sedition Law

IPC 124A (Sedition): Whoever by words (written/spoken), signs, or visible representation excites or attempts to excite disaffection towards the Government — imprisonment for life or RI up to 3 years.

Colonial use: Used against Bal Gangadhar Tilak (1897, 1908), Mahatma Gandhi (1922), Jawaharlal Nehru, and thousands of freedom fighters. Supreme Court ordered a stay on all sedition prosecutions in Kedar Nath Singh v. State of Bihar (1962) which read it narrowly (only incitement to violence included), but widespread misuse continued.

6.2 BNS Section 152 — New Provision

S.152 (Acts endangering sovereignty, unity and integrity of India): Whoever excites or attempts to excite, encourages, or attempts to encourage, feelings of separatist activities or endangers sovereignty or unity and integrity of India — RI for life or RI up to 7 years + fine.

Key differences from IPC 124A:

• No use of the word "sedition" (dropped)
• Requires intent to threaten "sovereignty, unity and integrity" (higher threshold)
• Covers armed rebellion more explicitly
• Maximum imprisonment: life (IPC 124A was also up to life)
• Minimum: 7 years (IPC 124A had no minimum)

Criticism: Opposition parties and legal scholars argue S.152 is wider than IPC 124A in some respects (covers "separatist activities" without requiring violence) — effectively renaming sedition rather than abolishing it.

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