Section 124A IPC

Section 124A, introduced by the British in 1870, penalised "words, signs or visible representation" that bring or attempt to bring "hatred or contempt" or "disaffection" towards the Government established by law. Maximum punishment: imprisonment for life.

Constitutional validity history: - Kedar Nath Singh v. State of Bihar (1962): A five-judge Constitution Bench upheld Section 124A's validity under Article 19(2) — the reasonable restrictions clause — but read it down narrowly: only speech that incites actual violence or has a tendency to cause public disorder constitutes sedition. Criticism of government policy without incitement is not sedition. This remains the controlling precedent. - Vinod Dua v. Union of India (2021): The Court quashed an FIR against a journalist, reaffirming that every journalist is protected under the Kedar Nath Singh standard; prosecution requires strict conformity with the "tendency to incite violence" test. - S. G. Vombatkere v. Union of India (2022): A three-judge bench led by the Chief Justice passed the landmark May 11, 2022 order placing all pending Section 124A trials, appeals and proceedings in abeyance, directing that no fresh FIRs be registered, and "hoping and expecting" no coercive action be taken — contingent on the Central Government completing its re-examination. The Court later noted the Constitution Bench reference to examine whether Kedar Nath Singh itself needed reconsideration.