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2w ago

Supreme Court Seeks Government Response on BNS Sedition Provision

Issuing notice on Major General Vombatkere’s petition, the Supreme Court bench invited the Centre to explain how Section 152 differs from the repealed sedition law.

The 79-year-old petitioner also challenged the provision for endangering sovereignty or integrity by “use of financial means”, which is undefined.
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The petitioner also challenged provision for endangering sovereignty or integrity by “use of financial means” which is undefined. (File photo)

Overview

  • A three-judge bench led by Chief Justice B.R. Gavai formally asked the Centre to file its arguments on the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita.
  • Retired Major General S.G. Vombatkere’s petition alleges that Section 152 is a repackaged version of the colonial-era sedition provision once codified as IPC Section 124A.
  • Section 152 criminalises speech, signs, electronic communication or financial acts that ‘excite’ secession, rebellion or subversion, carrying penalties up to life imprisonment or seven years’ jail plus a fine.
  • The plea contends that Section 152’s broad, undefined terms violate Articles 14, 19(1)(a) and 21 by creating a chilling effect on free expression and enabling arbitrary enforcement.
  • The bench directed that the challenge to Section 152 be heard alongside pending petitions against IPC Section 124A and will proceed once the government’s reply is received.