The Supreme Court has ruled that sedition law trials can continue in cases where the accused has no objection, four years after it stayed the law in 2022.
The Court reiterated its earlier directive that no new cases should be registered under Section 124A until the Centre completes its review and reforms the colonial-era provision.
The order provides clarity for pending cases while maintaining safeguards against misuse of the sedition law.
Four Years After Putting Sedition Law On Hold: Supreme Court
Apex Court clarifies that cases under Section 124A IPC can move forward where accused persons do not challenge the proceedings.
Summary
The Supreme Court on Thursday clarified that trials under the sedition law (Section 124A of the Indian Penal Code) can proceed in cases where the accused persons have no objection, four years after it had put the contentious provision on hold.
A bench headed by Chief Justice of India D.Y. Chandrachud passed the order while hearing a batch of petitions. The Court emphasised that its 2022 interim order — which directed governments not to register fresh sedition cases and to keep ongoing cases in abeyance — remains in force. However, it has now allowed proceedings to continue in cases where the accused explicitly consent to the trial.
In May 2022, the Supreme Court had effectively frozen the sedition law, citing its potential for misuse and the need for the Centre to reconsider the colonial-era provision. The government had then informed the Court that it was in the process of reviewing and possibly diluting the law.
The latest order is expected to provide much-needed clarity to lower courts and investigating agencies handling old sedition cases. Legal experts view this as a pragmatic middle path — protecting citizens from arbitrary use of the law while allowing justice to take its course in non-controversial pending matters.
The sedition law has been at the centre of heated debate in recent years, with several high-profile cases involving journalists, activists, and opposition leaders. The Centre is yet to complete its promised overhaul of the provision.
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