Coerced consent: On sedition
The article discusses the continued use and evolution of sedition law in India, from Section 124A of the IPC to Section 152 of the Bharatiya Nyaya Sanhita (BNS). It highlights the Supreme Court's varying stances, including a 2022 stay on new sedition cases and a recent 2026 clarification allowing trials to proceed with the accused's 'consent,' which the author argues could be coerced. The piece criticizes this clarification for potentially undermining free speech, the 'bail is the rule' principle, and creating an unequal justice system where liberty depends on the capacity to litigate, rather than resolving the constitutional validity of the law.
The article discusses the continued use and evolution of sedition law in India, from Section 124A of the IPC to Section 152 of the Bharatiya Nyaya Sanhita (BNS). It highlights the Supreme Court's varying stances, including a 2022 stay on new sedition cases and a recent 2026 clarification allowing trials to proceed with the accused's 'consent,' which the author argues could be coerced. The piece criticizes this clarification for potentially undermining free speech, the 'bail is the rule' principle, and creating an unequal justice system where liberty depends on the capacity to litigate, rather than resolving the constitutional validity of the law.
Exam linkage
GS Paper II - Indian Polity and Governance: Constitution of India (Fundamental Rights, Judiciary), Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Syllabus mapping
This topic appears in Mains
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