Sedition Law in a New Guise? SC Examines Section 152 of Bharatiya Nyaya Sanhita
UPSC Relevance
Prelims: Indian Polity & Governance (Fundamental Rights - Article 19, Sedition Law, Important Supreme Court judgments like Kedar Nath Singh, Bharatiya Nyaya Sanhita - BNS / Indian Penal Code - IPC).
Mains: GS Paper 2 (Indian Constitution—historical underpinnings, evolution, features, significant provisions, basic structure; Fundamental Rights; Structure, organization and functioning of the Judiciary).
Key Highlights from the News
Main Subject: The Supreme Court is examining the constitutional validity of Section 152 of the new Bharatiya Nyaya Sanhita (BNS).
What is Section 152? This law punishes "activities that endanger the sovereignty, unity, and integrity of India."
Petitioners' Argument:
This new law is a new form of the old Indian Penal Code's (IPC) Section 124A, the sedition law.
The petitioners argue that the wording in this law is vaguely worded, which could infringe upon free speech.
Supreme Court's Observations:
The court observed that the principles of the historic Kedar Nath Singh case should also apply to the new law.
According to this, this law should only be applied if there is incitement to violence or a clear threat to the unity and sovereignty of the country.
The court also clarified that "Mere political dissent" would not endanger the country's sovereignty.
Action: The court instructed the police not to take measures like arrest against the petitioners and issued notices to the Central Government and the Assam Government.
COMMENTS