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Balancing National Integrity And Free Speech: The Constitutional Fate Of Section 152 Of The Bharatiya Nyaya Sanhita

Updated: Apr 1




Nilanjana Ghosh, LL.M, Sister Nivedita University


ABSTRACT


The repeal of Section 124A of the Indian Penal Code, 1860 (IPC), popularly known as the sedition law, was widely perceived as a historic step toward dismantling one of colonial India’s most repressive legal provisions. However, the enactment of Section 152 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which criminalizes acts “endangering the sovereignty, unity and integrity of India,” has revived longstanding debates concerning the limits of free speech in a constitutional democracy.


This article critically examines the constitutional viability of Section 152 BNS by situating it within the historical trajectory of sedition law in India and analyzing its compatibility with the freedom of speech guaranteed under Article 19(1)(a) of the Constitution of India. The article evaluates the provision through constitutional doctrines such as vagueness, proportionality, and chilling effect, while drawing upon landmark judicial precedents including Kedar Nath Singh v. State of Bihar, Balwant Singh v. State of Punjab, and Shreya Singhal v. Union of India.


Further, the study adopts a comparative approach by examining legal frameworks in the United Kingdom, the United States, Australia, and South Africa. It argues that although Section 152 appears to align more closely with the grounds enumerated under Article 19(2), its broad and ambiguous language risks reproducing the misuse historically associated with sedition law.


The article concludes that the constitutional fate of Section 152 will largely depend on judicial interpretation and the introduction of procedural safeguards. A democratic constitutional order must strike a careful balance between protecting national integrity and preserving the right to dissent.


Keywords: Sedition, Section 152 BNS, Freedom of Speech, Constitutional Law, Article 19(1)(a), Sovereignty.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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