The petitioner argues that Section 152 is merely a “rebranded version” of the sedition law, which the Supreme Court stayed in July 2022 pending legislative review: Reports
NEW DELHI: The Supreme Court on Friday agreed to hear a challenge to the constitutional validity of the sedition provision in the 2023 Bharatiya Nyaya Sanhita (BNS). A bench led by Chief Justice of India B.R. Gavai, with Justices K. Vinod Chandran and N.V. Anjaria, issued notice to the Centre on a public interest litigation filed by retired Major General S.G. Vombatkere, a Vishisht Seva Medal awardee. The petition contests Section 152 of the BNS, which replaced the former sedition law under the Indian Penal Code (IPC).
The court also directed that this petition be tagged with an earlier challenge to Section 124A (sedition) of the IPC. Section 152 penalises anyone who, by words (spoken or written), signs, representations, electronic communication, financial means, or any other method, “excites or attempts to excite” secession, armed rebellion, or subversive activities; “encourages feelings of separatist activities”; or otherwise endangers India’s sovereignty, unity, or integrity. Offenders face life imprisonment or up to seven years’ jail, plus a fine.
The petitioner argues that Section 152 is merely a “rebranded version” of the sedition law, which the Supreme Court stayed in July 2022 pending legislative review. He adds that the BNS has reinstated sedition under broader and more ambiguous language.
