Section 152 of Bharatiya Nyaya Sanhita: Meaning, Ingredients, and Comparison with IPC

Section 152 of Bharatiya Nyaya Sanhita (BNS) addresses acts that endanger the sovereignty, unity, and integrity of India. This section punishes actions that excite or attempt to excite secession, armed rebellion, or subversive activities, or that encourage feelings of separatism. It also covers acts that endanger the sovereignty, unity and integrity of India.

Section 152. Act endangering sovereignty, unity and integrity of India 

Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine. 

Explanation.––Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section

Section 152 in simple words : 

• Prohibited Actions: The section prohibits a range of activities, including:
  
  • Exciting or attempting to excite secession or armed rebellion.
  • Engaging in subversive activities.
  • Encouraging feelings of separatist activities.
  • Endangering the sovereignty, unity, and integrity of India.
  • Indulging in or committing any such act.
• Means of Committing the Offence: These actions can be carried out through various means, including:
  
  • Words, either spoken or written.
  • Signs.
  • Visible representations.
  • Electronic communication.
  • Use of financial means.
  • Other means.
• Punishment: Individuals found guilty under this section face:
  
  • Imprisonment for life, or
  • Imprisonment which may extend to seven years, and
  • A fine.

Explanation: The section includes an explanation that protects lawful dissent:

Comments expressing disapproval of government measures or administrative actions, made with the intention of achieving alterations through lawful means, and without inciting the prohibited activities, do not constitute an offence under this section.

Relationship to Sedition: 

This section was introduced as a replacement for the previous sedition law under section 124A of the Indian Penal Code (IPC). The sedition law was seen as a relic of the colonial era, and was often argued to be misused. The Supreme Court of India had also directed the central and state governments to keep all trials and proceedings related to sedition in abeyance, as the section was deemed not in tune with the current social milieu. The BNS has thus removed the offence of sedition.

Context and Intent:

Section 152 aims to protect the nation’s fundamental integrity and stability by addressing actions that could undermine its sovereignty and unity. The law recognizes the importance of allowing criticism of the government but sets a boundary where speech or actions become a threat to the nation’s integrity.

False Information: 

Making or publishing false or misleading information that jeopardizes India’s sovereignty, unity, integrity, or security is also an offence.

Comparison: Section 152 BNS vs. Section 124A IPC (Sedition Law)

The corresponding section in the IPC was section 124A which dealt with sedition. The BNS has repealed the sedition law and replaced it with section 152, expanding the scope of punishable activities to include secession and subversive activities while keeping the intention of protecting sovereignty and integrity.

Comparison through Table: 

Important difference:

• Section 152 BNS is broader in scope as it explicitly criminalises secessionist and subversive activities beyond seditious speech.
• Sedition under IPC was criticized as a colonial-era law that restricted free speech and was often misused to suppress dissent.
• The Supreme Court of India stayed sedition cases in 2022, prompting the government to rethink its application in the result it introduced Section 152 in BNS.

READ MORE: Bharatiya Nyaya Sanhita Section 80 Dowry Death, National Crime Records Bureau (NCRB): India’s Crime Data Hub

Legal Precedents and Interpretations

Several landmark judgments have shaped India’s stance on sedition and related offences:

1. Kedar Nath Singh v. State of Bihar (1962): The Supreme Court upheld the constitutionality of Section 124A but limited its application to acts involving intention or tendency to create disorder, or incitement to violence. The court emphasized that comments expressing disapproval of government actions with a view to obtaining their alteration by lawful means do not constitute sedition.
2. Balwant Singh v. State of Punjab (1995): Following the assassination of Prime Minister Indira Gandhi, Balwant Singh and another individual raised slogans supporting Khalistan. The Supreme Court acquitted them, ruling that mere casual raising of slogans did not amount to sedition, as there was no incitement to violence or intention to create public disorder.
3. Shreya Singhal v. Union of India (2015) – The court struck down Section 66A of the IT Act, reinforcing the protection of free speech while cautioning against vague laws.
4. SG Vombatkere v. Union of India (2022) – The Supreme Court directed governments to pause sedition cases under IPC Section 124A, indicating that the law required reconsideration.

Implications and Criticism

Merits of Section 152 of Bharatiya Nyaya Sanhita:

• Protects national integrity by criminalizing actions that seek to divide the country.
• Differentiates between dissent and anti-national activities, ensuring a balance between free speech and national security.
• Includes modern threats, such as the use of electronic communication and financial means to fund separatist movements.

Concerns and Potential Misuse:

• Ambiguity in defining ‘subversive activities’ might lead to broad interpretations.
• Application could be subject to misuse, similar to the past misuse of sedition laws against journalists, activists, and opposition leaders.
• Chilling effect on free speech, discouraging political discourse if enforcement is not transparent.

FAQs related to Section 152 of Bharatiya Nyaya Sanhita :

1. What is the difference between Section 152 BNS and Section 124A IPC?
   Section 152 BNS replaces the sedition law under Section 124A IPC. While Section 124A IPC focused on acts that incited hatred or disaffection against the government, Section 152 BNS expands the scope to include secession, armed rebellion, subversive activities, and endangerment to sovereignty and integrity.
2. What is Section 152 of BNS?
   Section 152 of the Bharatiya Nyaya Sanhita (BNS) criminalizes actions that threaten the sovereignty, unity, and integrity of India, including acts that excite secession or armed rebellion.
3. What is the BNS section for sedition?
   The BNS does not have a direct equivalent to the sedition law under IPC. Instead, Section 152 of BNS addresses actions that endanger India’s sovereignty and integrity.
4. What is Section 152 of IPC?
   Section 152 of IPC deals with assaulting or obstructing a public servant when suppressing a riot, which is entirely different from Section 152 of BNS.
5. What is the BNS section for defamation?
   Defamation is covered under Section 354 of the Bharatiya Nyaya Sanhita, replacing the provisions under IPC for criminal defamation.
6. Is criticizing the government an offence under Section 152 BNS?
   No, criticism of the government, policies, or actions with the intent of lawful change is not an offence under this section, as long as it does not incite secession, rebellion, or subversive activities.
7. How does Section 152 BNS impact free speech?
   While Section 152 BNS restricts speech that threatens national unity, it does not criminalize dissent or criticism of the government as long as it remains within lawful boundaries.
8. What kind of electronic communications can be penalized under Section 152 BNS?
   Any digital content, including social media posts, messages, or videos, that excite secession, armed rebellion, or subversive activities can be penalized
9. What is the punishment for Section 152 BNS?
   The punishment under Section 152 BNS includes imprisonment for life or imprisonment which may extend to seven years, along with a fine.

In summary, Section 152 of the BNS is a significant provision aimed at safeguarding India’s sovereignty, unity, and integrity by criminalizing acts that threaten these fundamental aspects of the nation. It replaces the colonial-era sedition law and introduces specific clauses addressing secession, armed rebellion, and subversive activities. The section balances the need to protect national interests with the right to express dissent, provided such expression is within legal bounds.