The Supreme Court Today (Aug 8) asked the Centre to reply to a petition challenging Section 152 of the new BNS law, calling it a return of the old sedition rule. The plea says the law is vague, harsh, and a danger to free speech and democracy.
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NEW DELHI: The Supreme Court of India, on Friday, sent a notice to the Central Government regarding a legal petition that challenges Section 152 of the Bharatiya Nyaya Sanhita (BNS).
This section is seen by many as a new version of the old sedition law that existed under Section 124A of the Indian Penal Code (IPC).
The case has been filed by SG Vombatkere, a retired officer of the Indian Army, who had also earlier challenged the old sedition provision.
A Bench headed by Chief Justice of India (CJI) BR Gavai, along with Justices K Vinod Chandran and NV Anjaria, has asked the government to respond to the petition.
According to the petitioner, Section 152 of the BNS violates three important parts of the Constitution – Article 14 (equality before the law), Article 19(1)(a) (freedom of speech), and Article 21 (right to life and personal liberty).
The petition described the new law as a “repackaged sedition law”.
The petition explains that even though the words used in the new section are different from the old law, the basic meaning is the same—or even worse. It criminalizes more types of speech and expression that are vague and unclear.
“Section 152 criminalises a wide spectrum of expressive conduct, including those who ‘purposely or knowingly’ use words—spoken, written, electronic, symbolic, or financial—to ‘excite or attempt to excite’ secession, rebellion, or subversive activities. Its sweeping language, including phrases like ‘encouraging feelings of separatist activities,’ fails the test of constitutional validity due to vagueness, overbreadth, chilling effect, disproportionate punishment, and absence of proximate nexus to public disorder,”
-the plea argued.
The petition further claimed that by introducing this new section, the government has brought back the old sedition law—even though it was earlier suspended by the Supreme Court.
“The impugned provision is liable to be struck down as it violates the principles of clarity, necessity, and proportionality under Article 19(2), fails the test of due process under Article 21, and permits arbitrary State action, thus offending Article 14 of the Constitution. It threatens democratic discourse and the right to dissent, and thus cannot be permitted to remain on the statute book,”
-the petition stressed.
It is important to note that the Supreme Court had already put Section 124A (old sedition law) on hold on May 11, 2022.
At that time, the Court had asked the Central and State governments not to register any fresh cases under the sedition law and to stop all ongoing investigations or any action under this section until the government finishes its review.
| Aspect | Section 124A – IPC (Old Sedition Law) | Section 152 – BNS (New Law) |
|---|---|---|
| Law Name | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Main Focus | Punishes speech or acts that bring hatred or contempt against the government | Punishes acts aimed at exciting secession, rebellion, or subversive activities against India |
| Key Language Used | “Whoever by words, spoken or written, or by signs, or visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government…” | “Whoever purposely or knowingly, by words (spoken/written), electronic communication, financial means, or signs, excites or attempts to excite secession, armed rebellion, or subversive activities…” |
| Punishment | Imprisonment for life, or up to 3 years, with or without fine | Imprisonment for life, or up to 7 years, and fine |
| Vagueness/Scope Criticism | Criticized for being too broad and vague, leading to misuse | Allegedly broader and more vague than Section 124A, includes terms like “subversive activities” and “secession” |
| Status | Suspended by Supreme Court on May 11, 2022 | Active – currently under challenge in the Supreme Court |
| Petitioner’s Claim | Violates Articles 14, 19(1)(a), and 21 of the Constitution | Called a “repackaged sedition law”; alleged to violate the same constitutional rights |
| Quote from Petition | N/A | “Section 152 criminalises a wide spectrum of expressive conduct… fails the test of constitutional validity due to vagueness, overbreadth, chilling effect…” |
| Judicial Concern | Court paused use due to misuse and constitutional concerns | Supreme Court has now issued notice to the Centre to justify its constitutional validity |
CASE TITLE:
SG Vombatkere v Union of India
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