TH 25 May 2026: Section 124A sedition pause and Vombatkere bail
TH | 25-MAY-2026 1.The colonial offence of sedition under Section 124A of the Indian Penal Code was effectively paused by the Supreme Court of India in 2022 pending constitutional review. 2.In S.G. Vombatkere v. Union of India, the Court directed governments not to register new sedition cases and allowed accused persons to seek bail under existing cases. (CONTINUE IN COMMENTS)
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3.The Bharatiya Nyaya Sanhita (BNS) replaced Section 124A with Section 152, increasing the minimum punishment for acts threatening sovereignty and integrity to seven years.
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4.In May 2026, the Supreme Court allowed trial courts to proceed with pending sedition cases if the accused consented, raising concerns over coerced consent, unequal access to legal aid, and prolonged incarceration.
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5.Critics argue that the continued uncertainty over the constitutionality of sedition provisions creates a chilling effect on free speech and shifts the burden of constitutional protection onto accused individuals.
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Prelims Facts to Remember Colonial Sedition Provision → Section 124A, IPC Replaced By → Section 152, Bharatiya Nyaya Sanhita (BNS) BNS Came Into Force → 2024 Important Case → S.G. Vombatkere v. Union of India (2022) Relevant Fundamental Right → Article 19(1)(a) (Freedom of Speech and Expression) Reasonable Restriction → Article 19(2) Key Constitutional Principle → “Bail is the rule, jail is the exception” Concern Highlighted → Chilling effect on dissent and free speech Current Debate → Constitutionality of sedition-like provisions under BNS