{"id":322985,"date":"2025-01-10T17:03:54","date_gmt":"2025-01-10T11:33:54","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=322985"},"modified":"2025-01-10T17:03:54","modified_gmt":"2025-01-10T11:33:54","slug":"section-152-of-the-bns","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/section-152-of-the-bns\/","title":{"rendered":"Section 152 of the BNS"},"content":{"rendered":"

Source:<\/strong> This post on Section 152 of the BNS <\/strong>has been created based on article \u201cSection 152 of BNS should not become a proxy for sedition\u201d<\/strong> published in The Hindu on 10th January 2025.<\/p>\n

UPSC Syllabus- GS-2 -Polity<\/p>\n

Context: The article addresses concerns over the potential misuse of Section 152 of the Bharatiya Nyaya Sanhita (BNS)<\/strong>, enacted as part of India\u2019s new criminal law framework. Although the government proclaimed the repeal of Section 124A (sedition)<\/strong> of the Indian Penal Code (IPC), the author argues that Section 152 of the BNS serves as a proxy for sedition<\/strong>, raising similar threats to freedom of speech and dissent.<\/p>\n

What was the context of the Rajasthan High Court\u2019s warning in Tejender Pal Singh v. State of Rajasthan (2024)?<\/h2>\n
    \n
  1. The Rajasthan High Court cautioned against using Section 152 of the Bharatiya Nyaya Sanhita (BNS) to stifle legitimate dissent.<\/li>\n
  2. This follows the Supreme Court\u2019s 2022 decision to suspend pending criminal trials under Section 124A (sedition) of the Indian Penal Code (IPC) until the government reconsidered the law.<\/li>\n
  3. The Union Home Minister had earlier proclaimed that \u2018sedition\u2019 would be repealed.<\/li>\n
  4. Section 152 of the BNS criminalises acts exciting secession, armed rebellion, and subversive activities, as well as those encouraging separatism or endangering India\u2019s sovereignty, unity, and integrity.<\/li>\n
  5. Although the term “sedition” is not used, concerns arise that Section 152 replicates the essence of the repealed provision.<\/li>\n<\/ol>\n

    \u00a0What are the problems with Section 152 of the BNS?<\/strong><\/h2>\n
      \n
    1. Lack of Definition and Vague Terms<\/strong><\/li>\n<\/ol>\n