Bharatiya Nyaya Sanhita, 2023
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.
Why this exists
This section is part of the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, 1860. It replaces the old colonial-era sedition law (IPC Section 124A) with a provision explicitly aimed at protecting India's sovereignty, unity, and territorial integrity from secessionist and rebellious activities, while trying to build in stronger protection for legitimate political dissent through the explanation clause.
How courts read it
Since this is a new provision from 2023, there is no direct Supreme Court ruling interpreting Section 152 itself yet. However, its explanation clause closely echoes the safeguard the Supreme Court read into the old sedition law in Kedar Nath Singh v. State of Bihar (1962), where the Court held that mere criticism of government does not amount to sedition unless it incites violence or public disorder. Courts are expected to apply similar reasoning here, requiring an actual incitement to secession, rebellion, or similar acts before someone can be convicted, not just harsh or unpopular speech.
Common misconceptions
- Myth: This section means any criticism of the government is illegal.
Fact: The explanation clause specifically protects criticism of government policies or actions when done to seek lawful change, without inciting secession, rebellion, or similar acts. - Myth: This is the same as the old sedition law (IPC 124A).
Fact: Section 152 replaces IPC 124A but is framed differently, focusing explicitly on secession, armed rebellion, subversive activities, and threats to sovereignty and unity, rather than using the word 'sedition' or targeting 'disaffection' against government broadly.