Four years after suspension of sedition law, SC says trial can continue if accused has no objection

The Supreme Court has stayed trials in sedition cases until the government completes its promised task of “reviewing and reconsidering” the colonial-era provisions. | Photo credit: The Hindu

Four years after courts across the country stayed trials in sedition cases, the Supreme Court on Thursday (May 21, 2026) said courts can continue trials and appeals related to the offense of sedition under Section 124A of the Indian Penal Code (IPC) if the accused does not object.

The clarification was issued by a bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi while hearing a plea filed by the petitioner, who remained in custody for 17 years in a case involving sedition charges.

“Appellant’s complaint is that he has no objection if his criminal appeal is heard in its entirety, including the charge under Section 124A. In these circumstances, we make it clear… that if the accused does not object to the continuance of the trial, appeal or other proceeding in which he has been charged under Section 124A of the Code, no obstruction of justice will be barred in such matters pursuant to the provision of Section 124A IPC.” of the Act,” the Bench observed.

In an interim order issued on 11 May 2022, the high court stayed trials in sedition cases pending in the courts until the government completes its promised task of “reviewing and reconsidering” the colonial-era provisions.

The court also made it clear that it “hopes and expects” the Center and the states to refrain from registering FIRs, proceeding with investigations or taking enforcement action under Section 124A while a “review” of the provisions is underway.

The Bench, headed by the then Chief Justice of India NV Ramana, also observed that while it was “cognizant of the security interests and integrity of the State on the one hand” and “civil liberties of citizens on the other”, there was a requirement to “balance” both sets of considerations.

In this case, the Bench directed the High Court of Madhya Pradesh to immediately take up the appeal of the petitioner along with related matters and decide the same on merits.

The petitioner was convicted by a trial court in 2017 on charges including sedition, promotion of enmity under the IPC, offenses under the Unlawful Activities (Prevention) Act, 1967 and the Arms Act, 1959. He has since been lodged in the Central Jail, Bhopal.

In February, Chief Justice Kant had orally observed that the Union government’s decision to review the offense of sedition under the old IPC could not prevent Parliament from reintroducing a similar provision in the Bharatiya Nyaya Sanhita (BNS) as the legislature functions independently of the executive.

The observation came at a time when the court was hearing a number of public interest litigations challenging various provisions of the BNS, including Section 152, which criminalizes acts deemed to threaten the sovereignty, unity and integrity of the country. Proponents argued that the section was a “repackaged” version of the colonial-era Sedition Act.

“Though the language is amended, its essential content – criminalizing vague and broad categories of speech and expression such as ‘subversive activity’, ‘inciting separatist sentiments’ and acts ‘endangering the unity or integrity of India’ – remains the same or is even broader,” the petition said.

Published – 21 May 2026 20:44 IST