Sedition trials can go on if accused is willing: Supreme Court

📌 Summary:

• The Supreme Court on May 21, 2026 clarified that courts may proceed with trials and appeals involving the offence of sedition under Section 124A of the Indian Penal Code (IPC) if the accused has no objection

• The clarification came from a Bench of CJI Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi, while hearing a plea by a petitioner who has been incarcerated for 17 years in a sedition case and wanted his appeal heard in full

• Background: In an interim order of May 11, 2022, the Court had put all sedition trials on hold until the government completed its promised re-examination of the colonial-era provision, and "hoped and expected" the Centre and States to refrain from registering fresh FIRs or taking coercive action under Section 124A

• The 2022 Bench (under then CJI N.V. Ramana) had stressed the need to "balance" the security and integrity of the State against the civil liberties of citizens

• In the present case the Bench directed the Madhya Pradesh High Court to take up the petitioner's appeal — he was convicted in 2017 on charges including sedition, promoting enmity, offences under the UAPA, 1967 and the Arms Act, 1959

• Wider issue: CJI Kant had earlier observed that the government's review of the old sedition offence cannot prevent Parliament from re-introducing a similar provision, as the legislature functions independently of the executive

• The Court is hearing PILs challenging Section 152 of the Bharatiya Nyaya Sanhita (BNS), which petitioners call a "repackaged" sedition law — criminalising vague categories of speech such as "subversive activity" and "encouragement of separatist feelings" in language that is "the same or even more expansive"

🎯 UPSC Relevance: GS2 (Polity — judiciary, fundamental rights); the continuing tension between free speech under Article 19(1)(a) and laws protecting the sovereignty and integrity of the State.

📝 Prelims Facts:

• Section 124A of the IPC dealt with the offence of sedition

• The Supreme Court put sedition trials on hold via an interim order on May 11, 2022

• Section 152 of the Bharatiya Nyaya Sanhita (BNS) is the provision PILs call a "repackaged" sedition law

• Sedition cases also frequently involve the Unlawful Activities (Prevention) Act, 1967

🔑 Key Term: Sedition (Section 124A IPC) — a colonial-era offence criminalising words or acts that bring, or attempt to bring, hatred, contempt or disaffection towards the lawfully established government.