SC issues notice on plea challenging validity of BNS Section 152

Section 152 of BNS states that “whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.”

The plea, filed by retired Army officer S G Vombatkere, says that the provision, “in effect, reintroduces the colonial sedition law previously codified as Section 124A of the Indian Penal Code, 1860, under a new nomenclature. Though the language is altered, its substantive content — criminalising vague and broad categories of speech and expression such as ‘subversive activity’, ‘encouragement of separatist feelings’ and acts ‘endangering unity or integrity of India’ — remains the same or is even more expansive”.

Hearing the petitions challenging section 124A of the IPC, the Supreme Court on May 11, 2022, put on hold trial in all sedition cases pending before courts across the country until the Centre completed a promised exercise “to re-examine and re-consider the provision”.

“All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance. Adjudication with respect to other sections, if any, could proceed if the courts are of the opinion that no prejudice would be caused to the accused,” the SC had directed.