Section 124A of the Indian Penal Code (IPC) Algorithmic trading
Section 124A of the Indian Penal Code (IPC) Algorithmic trading
Context:
The Supreme Court of India's recent May 21, 2026, clarification has unlatched frozen trials under the controversial colonial-era sedition law.
Facts for Prelims:
The offense of sedition was codified under Section 124A of the Indian Penal Code (IPC) and dates back to 1890, heavily predating the Constitution of India.
In the landmark S.G. Vombatkere vs. Union of India case in May 2022, a three-judge Bench of the Supreme Court completely froze all pending proceedings, registration of new FIRs, and coercive actions under Section 124A due to its rampant misuse.
When the Bharatiya Nyaya Sanhita (BNS) took effect in 2024 to replace the colonial IPC, Section 124A was substituted by Section 152, which enhanced the minimum criminal sentence to seven years.
On May 21, 2026, the Supreme Court clarified that lower courts face no impediment and may proceed to decide existing cases on merits under Section 124A, provided the incarcerated accused person gives explicit consent to go to trial.
Legal experts warn that this arrangement presents a "Hobson's choice," where poorer prisoners lacking robust legal aid may feel compelled to consent to a potentially unconstitutional trial just to escape indefinite delays in custody.