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KembaraXtra - Bharatiya Nyaya Sanhita - Section 152 - Act Endangering Sovereignty, Unity and Integrity of India
Introduction
Section 152 of the Bharatiya Nyaya Sanhita, 2023, deals with acts that endanger the sovereignty, unity and integrity of India.
The provision addresses conduct involving secession, armed rebellion, subversive activities, encouragement of separatist activities and other acts endangering India’s sovereignty, unity and integrity.
It covers conduct carried out purposely or knowingly through spoken or written words, signs, visible representations, electronic communications, financial means or other methods.
Section 152 is discussed in the supplied commentary as the provision introduced in place of the former sedition law under Section 124A of the Indian Penal Code, 1860.
Importantly, the section contains an explanation protecting criticism of government measures or actions where the criticism seeks lawful change and does not excite or attempt to excite the prohibited activities.
Meaning of Section 152
Under Section 152, a person commits an offence if they purposely or knowingly engage in the conduct prohibited by the section.
The provision covers exciting or attempting to excite secession, armed rebellion or subversive activities.
It also covers encouraging feelings of separatist activities or endangering the sovereignty, unity and integrity of India.
A person who indulges in or commits such acts is also covered by the statutory wording.
The provision therefore addresses specified activities directed against India’s sovereignty, unity and integrity, rather than treating every expression of disagreement with the government as an offence.
Essential Ingredients of Section 152
1. The Conduct Must Be Purposeful or Knowing
The accused must act purposely or knowingly.
These expressions are expressly included in Section 152.
The provision therefore identifies the required mental element in relation to the prohibited conduct.
2. The Conduct May Be Carried Out Through Different Methods
Section 152 expressly recognises several methods through which the prohibited conduct may occur:
- Spoken words.
- Written words.
- Signs.
- Visible representations.
- Electronic communications.
- Use of financial means.
- Other methods.
The provision is therefore not confined to speeches or written publications.
It also extends to electronic communications and financial means when used in connection with the prohibited conduct.
3. The Conduct Must Concern One of the Prohibited Activities
The section identifies several forms of prohibited conduct.
These include exciting or attempting to excite secession, armed rebellion or subversive activities, encouraging feelings of separatist activities, and endangering the sovereignty, unity and integrity of India.
4. Exciting or Attempting to Excite Is Covered
Section 152 expressly includes both exciting and attempting to excite the specified activities.
Accordingly, the provision is not limited to situations where the intended activity is successfully brought about.
5. The Conduct Must Fall Within the Scope of the Statutory Prohibition
The conduct must satisfy the requirements described in Section 152.
Mere disagreement with government policies is not automatically sufficient, particularly in view of the explanation protecting certain forms of lawful criticism.
Prohibited Activities Under Section 152
1. Secession
The provision expressly refers to secession.
In the context of Section 152, the offence includes purposely or knowingly exciting or attempting to excite secession through the methods identified in the section.
2. Armed Rebellion
Section 152 also refers to armed rebellion.
It covers purposely or knowingly exciting or attempting to excite armed rebellion.
The statutory wording therefore addresses conduct intended to encourage or bring about such rebellion.
3. Subversive Activities
The provision includes subversive activities among the matters covered by the offence.
A person who purposely or knowingly excites or attempts to excite such activities through the specified methods may fall within Section 152.
4. Encouraging Feelings of Separatist Activities
Section 152 expressly includes encouraging feelings of separatist activities.
This language forms part of the statutory description of the prohibited conduct.
5. Endangering Sovereignty, Unity and Integrity
The section also addresses conduct that endangers the sovereignty, unity and integrity of India.
This is the central subject identified in the title of the provision.
Explanation — Protection of Lawful Criticism
An important feature of Section 152 is its explanation concerning criticism of government measures and actions.
The explanation states that comments expressing disapproval of government measures, administrative decisions or other government actions do not constitute an offence under Section 152 when they seek change through lawful means and do not excite or attempt to excite the activities prohibited by the section.
Accordingly, criticism directed towards obtaining lawful changes in government policy or administration is distinguished from the prohibited conduct.
The explanation recognises that expressing disapproval of government action is not, by itself, sufficient to establish the offence.
However, the protection described in the explanation is subject to the requirement that the comments do not excite or attempt to excite the activities referred to in Section 152.
Punishment Under Section 152
A person who commits the offence under Section 152 may be punished with:
- Imprisonment for life; or
- Imprisonment extending up to seven years.
The offender is also liable to a fine.
The provision therefore prescribes imprisonment for life or imprisonment extending up to seven years, together with liability to a fine.
The supplied statutory text does not specify a numerical maximum amount for the fine.
Classification of the Offence
According to the classification provided in the supplied text:
Nature of Offence: Cognizable.
Bail: Non-Bailable.
Triable By: Court of Session.
Relationship Between Section 152 BNS and Section 124A IPC
Section 152 BNS is discussed in the supplied commentary as the successor provision to the former sedition law under Section 124A IPC.
However, the two provisions use different language to describe the prohibited conduct.
Section 124A IPC — Sedition
Section 124A IPC concerned words, signs, visible representations or other conduct that brought or attempted to bring hatred or contempt, or excited or attempted to excite disaffection, towards the government established by law in India.
The provision prescribed imprisonment for life, to which a fine could be added, imprisonment extending up to three years with a fine, or a fine alone.
Section 152 BNS — Acts Endangering Sovereignty, Unity and Integrity
Section 152 BNS addresses purposely or knowingly engaging in the specified activities concerning secession, armed rebellion, subversive activities, separatist activities and the sovereignty, unity and integrity of India.
It expressly includes electronic communications and the use of financial means among the methods through which the prohibited conduct may occur.
The punishment is imprisonment for life or imprisonment extending up to seven years, together with liability to a fine.
Principal Difference
The supplied commentary describes the change as a shift from the former sedition provision, which referred to hatred, contempt or disaffection towards the government, to a provision expressly concerned with India’s sovereignty, unity and integrity.
The new provision also introduces different terminology and expressly recognises additional methods of communication and conduct.
It should not, however, be assumed solely from this change in wording that every aspect of Section 152 is necessarily narrower than Section 124A. The actual scope depends on the statutory language and its judicial interpretation.
Changes Highlighted in the Commentary
The supplied commentary identifies several expressions introduced under Section 152.
1. Purposely or Knowingly
The provision expressly incorporates the expressions “purposely or knowingly”.
These words identify the mental element associated with the prohibited conduct.
2. Electronic Communication
The section expressly includes electronic communication as a method through which the prohibited conduct may occur.
This expands the express description of the methods covered by the provision.
3. Use of Financial Means
The provision also expressly includes the use of financial means.
Accordingly, its wording is not confined to verbal, written or visual expression.
4. Secession, Armed Rebellion and Subversive Activities
The provision expressly identifies secession, armed rebellion and subversive activities.
These expressions form part of the prohibited conduct described in Section 152.
5. Separatist Activities and Endangerment of Sovereignty
Section 152 also refers to encouraging feelings of separatist activities and endangering the sovereignty, unity and integrity of India.
These expressions distinguish the wording of Section 152 from the former language of Section 124A IPC.
6. Change in the Alternative Term of Imprisonment
The supplied commentary notes that the alternative maximum term of imprisonment has increased from three years under Section 124A IPC to seven years under Section 152 BNS.
The possibility of imprisonment for life remains.
Historical Evolution of Sedition Law in India
1. Introduction During British Rule
According to the supplied commentary, sedition was introduced into the Indian Penal Code in 1870 through Section 124A.
The commentary associates the provision with British colonial rule and its use against anti-colonial political movements.
It refers to historical figures such as Bal Gangadhar Tilak, Mahatma Gandhi and Jawaharlal Nehru in discussing the use of sedition law during that period.
2. Continuation After Independence
Section 124A continued to form part of the Indian Penal Code after independence.
The supplied commentary explains that its constitutional validity and application became subjects of judicial scrutiny, particularly in relation to freedom of speech and expression.
The courts examined the relationship between sedition, public order and the constitutional protection of expression.
Important Judicial Decisions Mentioned in the Commentary
1. Tara Singh v. State of Punjab, AIR 1951 EP 27
The supplied commentary refers to this decision as an early constitutional challenge to Section 124A IPC.
It states that the provision was held unconstitutional in that case because of its conflict with the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
The decision is presented as reflecting the distinction between a democratic government, which may change, and the continued existence of the State.
2. Kedar Nath Singh v. State of Bihar, AIR 1962 SC 955
The supplied commentary identifies this Supreme Court decision as a major authority concerning Section 124A IPC.
The Supreme Court upheld the constitutional validity of the sedition provision while restricting its application in relation to incitement to violence or public disorder.
The commentary explains that the decision sought to reconcile the sedition law with the constitutional protection of freedom of speech and expression.
It also refers to Article 19(2), which permits reasonable restrictions on freedom of speech and expression on specified constitutional grounds.
These grounds include the security of the State, friendly relations with foreign States, public order, decency and morality, among others.
3. Balwant Singh v. State of Punjab (1995)
The supplied commentary refers to this decision for the proposition that merely raising slogans, without inciting violence, was not sufficient to constitute sedition in the circumstances considered by the Court.
The case illustrates the importance of distinguishing expression from conduct involving the prohibited consequences or incitement associated with the offence.
4. S.G. Vombatkere v. Union of India, (2022) 7 SCC 433
The supplied commentary refers to the Supreme Court proceedings concerning reconsideration of Section 124A IPC.
It explains that the operation of the sedition provision was placed in abeyance pending reconsideration.
The case forms part of the background to the subsequent legislative changes discussed in the commentary.
The 279th Report of the Law Commission of India
The supplied commentary discusses the 279th Report of the Law Commission of India, which examined the law of sedition under Section 124A IPC.
The report considered the historical background of sedition, constitutional protections for freedom of expression, judicial interpretations and concerns about the potential misuse of the provision.
According to the commentary, the Law Commission recommended retaining the offence of sedition with amendments intended to clarify its scope.
The proposed approach sought to address conduct involving incitement to violence or threats to public order and national security while recognising the importance of freedom of speech and expression.
The commentary presents the report as an important part of the wider debate surrounding reform of India’s sedition law.
Introduction of the New Criminal Laws
The supplied commentary refers to the enactment of three new criminal statutes:
- Bharatiya Nyaya Sanhita, 2023 (BNS).
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
- Bharatiya Sakshya Adhiniyam, 2023 (BSA).
These statutes formed part of the reform of India’s criminal law framework.
Within this framework, the former sedition provision under Section 124A IPC was not reproduced in the same form.
Instead, Section 152 BNS introduced an offence expressly titled “Act endangering sovereignty, unity and integrity of India.”
The supplied commentary describes this change as an effort to address threats to national sovereignty and integrity while preserving space for lawful criticism of government action.
Commentary
Section 152 of the Bharatiya Nyaya Sanhita, 2023, is discussed in the supplied commentary as corresponding to the former Section 124A of the Indian Penal Code, 1860.
Unlike several other provisions carried forward into the Bharatiya Nyaya Sanhita, Section 152 introduces substantial changes in wording and the description of prohibited conduct.
The commentary highlights the introduction of expressions such as purposely or knowingly, electronic communication, financial means, secession, armed rebellion, subversive activities and separatist activities.
It also notes the increase in the alternative maximum term of imprisonment from three years to seven years.
The explanation to Section 152 expressly protects comments seeking lawful alteration of government measures or actions, provided they do not excite or attempt to excite the activities prohibited by the section.
The supplied commentary also acknowledges that the provision uses broad language in describing prohibited activities, methods and instruments.
Key Takeaway
Section 152 penalises purposeful or knowing conduct involving the specified activities that endanger the sovereignty, unity and integrity of India.
The provision expressly covers spoken and written words, signs, visible representations, electronic communications, financial means and other methods.
It includes exciting or attempting to excite secession, armed rebellion or subversive activities, encouraging feelings of separatist activities, and other conduct described in the section as endangering India’s sovereignty, unity and integrity.
At the same time, the explanation distinguishes lawful criticism of government measures or actions from the prohibited conduct.
The punishment is imprisonment for life or imprisonment extending up to seven years, together with liability to a fine.
The offence is cognizable, non-bailable and triable by a Court of Session.
Former IPC Provision Discussed: Section 124A IPC (Sedition).
Legislative Position: Section 152 BNS introduces a differently worded offence concerning acts endangering India’s sovereignty, unity and integrity, rather than reproducing the former sedition provision unchanged.
Final Memory Formula
SECTION 152 = PURPOSELY OR KNOWINGLY + WORDS / SIGNS / VISIBLE REPRESENTATION / ELECTRONIC COMMUNICATION / FINANCIAL MEANS / OTHERWISE + EXCITING OR ATTEMPTING TO EXCITE SECESSION, ARMED REBELLION OR SUBVERSIVE ACTIVITIES / ENCOURAGING FEELINGS OF SEPARATIST ACTIVITIES / ENDANGERING INDIA’S SOVEREIGNTY, UNITY AND INTEGRITY / INDULGING IN OR COMMITTING SUCH ACTS = LIFE IMPRISONMENT OR UP TO SEVEN YEARS’ IMPRISONMENT, WITH LIABILITY TO FINE.
IMPORTANT EXCEPTION: LAWFUL CRITICISM OF GOVERNMENT MEASURES OR ACTIONS, AIMED AT OBTAINING CHANGE THROUGH LAWFUL MEANS AND WITHOUT EXCITING OR ATTEMPTING TO EXCITE THE PROHIBITED ACTIVITIES, DOES NOT CONSTITUTE AN OFFENCE UNDER SECTION 152.
CENTRAL DISTINCTION: SECTION 124A IPC — SEDITION INVOLVING HATRED, CONTEMPT OR DISAFFECTION TOWARDS GOVERNMENT; SECTION 152 BNS — SPECIFIED ACTS ENDANGERING THE SOVEREIGNTY, UNITY AND INTEGRITY OF INDIA.
