- Published on
KembaraXtra - Bharatiya Nyaya Sanhita - Section 152 - Comparison Between Section 124A IPC and Section 152 BNS
Introduction
The supplied comparison examines the differences between Section 124A of the Indian Penal Code, 1860, commonly associated with sedition, and Section 152 of the Bharatiya Nyaya Sanhita, 2023, concerning acts endangering the sovereignty, unity and integrity of India.
The comparison highlights differences in the description of the prohibited conduct, punishment, relationship with violence and principal focus of the two provisions.
Section 124A IPC — Sedition
According to the supplied comparison, Section 124A IPC addressed words, signs and actions that brought or attempted to bring hatred, contempt or disaffection towards the government.
The comparison describes this as Rajdroh, or an offence directed against the government.
The punishment identified in the image includes imprisonment for life or imprisonment extending up to three years, together with provisions concerning a fine.
Section 152 BNS — Acts Endangering Sovereignty, Unity and Integrity
Section 152 BNS concerns conduct endangering the sovereignty, unity and integrity of India.
The supplied comparison describes this as Deshdroh, emphasising conduct directed against the country’s sovereignty and national unity.
The punishment identified is imprisonment for life or imprisonment extending up to seven years, together with liability to a fine.
Principal Differences
1. Nature of the Prohibited Conduct
Section 124A IPC: The comparison focuses on words, signs and actions associated with hatred, contempt or disaffection towards the government.
Section 152 BNS: The comparison focuses on acts endangering India’s sovereignty, unity and integrity.
The central distinction presented is between conduct directed against the government and conduct threatening the sovereignty or unity of the country.
2. Punishment
Section 124A IPC: The comparison identifies imprisonment for life or imprisonment extending up to three years, with provisions relating to a fine.
Section 152 BNS: The comparison identifies imprisonment for life or imprisonment extending up to seven years, together with liability to a fine.
Thus, the comparison highlights an increase from three years to seven years in the specified alternative term of imprisonment.
3. Relationship with Violence
The supplied comparison suggests that Section 124A IPC did not expressly require incitement to violence.
It contrasts this with Section 152 BNS, which it describes as addressing incitement to violence or threats to national security.
However, this distinction requires an important qualification.
Section 152 BNS should not be understood as requiring proof of actual violence in every case. Its statutory language covers several specified forms of conduct, including certain acts involving secession, armed rebellion, subversive activities and separatist activities, as well as conduct endangering sovereignty, unity and integrity.
Similarly, the statement in the image that mere criticism could constitute sedition under Section 124A IPC is too broad to be treated as an unqualified legal rule.
The comparison is therefore best understood as a general explanation of the different legislative focuses rather than a complete statement of the legal requirements of either offence.
4. Principal Focus
Section 124A IPC: The comparison associates the provision with protecting the government against conduct involving hatred, contempt or disaffection.
Section 152 BNS: The comparison associates the provision with protecting India’s sovereignty, unity, integrity and national security.
The distinction presented is a shift in emphasis from disaffection towards the government to conduct threatening the country itself.
Key Takeaway
The supplied comparison presents Section 124A IPC and Section 152 BNS as provisions with different legislative emphases.
Section 124A IPC was associated with sedition and disaffection towards the government.
Section 152 BNS addresses specified acts endangering the sovereignty, unity and integrity of India.
The comparison also identifies a difference in the alternative maximum term of imprisonment, from three years under Section 124A IPC to seven years under Section 152 BNS.
However, the relationship between these offences and incitement to violence must be understood with reference to the actual statutory wording and applicable judicial interpretation, rather than solely from the simplified comparison.
Final Memory Formula
SECTION 124A IPC = SEDITION + HATRED, CONTEMPT OR DISAFFECTION TOWARDS GOVERNMENT.
SECTION 152 BNS = SPECIFIED ACTS ENDANGERING THE SOVEREIGNTY, UNITY AND INTEGRITY OF INDIA.
CENTRAL COMPARISON = GOVERNMENT-FOCUSED SEDITION PROVISION UNDER IPC VERSUS SOVEREIGNTY, UNITY AND INTEGRITY-FOCUSED OFFENCE UNDER BNS.
