Balancing National Integrity And Free Speech: The Constitutional Fate Of Section 152 Of The Bharatiya Nyaya Sanhita
- IJLLR Journal
- Mar 20
- 1 min read
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.
