India Supreme Court Allows Sedition Trials When Accused Consents

The Supreme Court of India, in a bench led by Chief Justice Surya Kant with Justices Joymalya Bagchi and Vipul M. Pancholi, clarified that courts may hear trials under section 124A of the Indian Penal Code – the sedition law – if the accused does not object. The remark was made while hearing a petition from a man who has been incarcerated for 17 years, with his appeal pending before the Madhya Pradesh High Court.

The clarification reiterates the apex court’s May 11, 2022 order that suspended the use of the colonial‑era sedition provision until the government completes its promised review. That earlier ruling directed the Union and state governments not to register fresh sedition cases, to keep existing probes and trials in abeyance, and permitted those jailed under the law to seek bail. The law, introduced in 1890, has faced criticism for suppressing dissent; petitions against it have been filed by the Editors Guild of India, former minister Arun Shourie, the People’s Union for Civil Liberties and others.