Courts can proceed trial in sedition cases if accused has no objection: SC

New Delhi: The Supreme Court on Thursday said that courts can proceed with trials in connection with Section 124A of the Indian Penal Code (IPC), which relates to sedition, if the accused has no objection.

A bench led by Chief Justice of India Surya Kant made this clarification while hearing a plea by an accused who has been in jail for 17 years in a sedition-related case.

The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, said the petitioner's grievance is that he has no objection if his criminal appeal is heard in its entirety, including the charge under Section 124A.

"That being so, we clarify… that wherever the accused has no objection against proceeding of the trial, appeal, or any other proceeding where he has been chargesheeted under Section 124A IPC. 

Also, there shall be no impediment for the courts to decide such matters on merits, and in accordance with law," the bench said.

The accused's appeal is pending before the Madhya Pradesh High Court. The Apex court asked the Madhya Pradesh High Court to hear the petitioner's appeal and decide it on merit.

In May 2022, the apex court stayed the penal provision on sedition until the Centre completed its promised review of the colonial-era relic. The court had also asked the Union and state governments not to register any fresh case invoking the offence.

The apex court also directed that ongoing probes, pending trials, and all proceedings under the sedition law would be kept in abeyance across the country, and that those in jail on sedition charges could approach the court for bail.

The offence of sedition, included in Section 124A of the IPC, has faced intense public scrutiny for its use as a tool against expressions of dissent, including on social media.

The court is also seized with pleas which challenged the provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, particularly Section 152 (acts endangering sovereignty, unity and integrity of India), calling it as a restoration of Section 124A (sedition) of the IPC.

On February 27, 2026, the Supreme Court has said Parliament has the absolute prerogative to make a law and during the judicial review, if it is found that the law is against the Constitution, it can be struck down. 

The bench had also clarified the Union government is not bound by its undertaking given to the this court as it was hearing a plea related to validity of sedition law provision reintroduced in Bhartiya Nyaya Sanhita.