Code – Section 152 BNS
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.
Explanation.––Comments expressing disapprobation of the measures, or administrative
or other action of the Government with a view to obtain their alteration by lawful means
without exciting or attempting to excite the activities referred to in this section do not constitute
an offence under this section.
Explanation of Section 152 BNS
Section 152 of the Bharatiya Nyaya Sanhita, 2023 (BNS) aims to prevent actions that threaten the sovereignty, unity, and integrity of India. This law is crucial in maintaining national security and preventing separatist or subversive activities.
Key Elements of Section 152 BNS
- Intentional Act: The act must be committed purposely or knowingly.
- Methods of Committing the Offense:
- Spoken or written words
- Signs or visible representation
- Electronic communication (including social media and digital content)
- Financial means (funding separatist or rebellion activities)
- Types of Prohibited Activities:
- Exciting or attempting to excite secession (calls for breaking away from India)
- Armed rebellion or subversive activities (promoting violence against the state)
- Encouraging separatist movements
- Any act endangering India’s unity and sovereignty
- Punishment:
- Imprisonment for life, or
- Imprisonment up to seven years, and
- Fine
Exceptions
This section does not criminalize criticism of government policies if expressed lawfully without inciting rebellion or separatism.
Illustrations of Section 152 BNS
Example 1: Funding a Separatist Movement
A person transfers large amounts of money to a banned separatist organization promoting armed rebellion. This act falls under Section 152 BNS as it financially aids secessionist activities.
Example 2: Online Campaign for Secession
An individual creates a social media campaign advocating for a region to separate from India and incites people to take violent actions against the government. This is a clear violation of Section 152.
Example 3: Speech Inciting Armed Rebellion
A leader delivers a speech urging people to take up arms against the Indian government. This would be punishable under Section 152 BNS.
Example 4: Lawful Criticism of Government Policies
A journalist criticizes a government decision and urges legal reforms through democratic means. This is not an offense under Section 152, as it does not incite rebellion.
Common Questions and Answers on Section 152 BNS
1. Does Section 152 BNS criminalize all criticism of the government?
No. Criticism is allowed as long as it does not promote separatism, armed rebellion, or subversive activities.
2. Can social media posts be punishable under this section?
Yes. If a post encourages separatism, rebellion, or violence against India’s sovereignty, it can lead to punishment under Section 152 BNS.
3. How is this section different from sedition laws?
Section 152 BNS focuses specifically on threats to India’s sovereignty and unity, whereas sedition laws (now revised) dealt with inciting hatred against the government.
4. What other sections of BNS might apply to similar offenses?
- Section 153 BNS – Promoting enmity between groups.
- Section 154 BNS – Unlawful activities against national security.
- Section 383 BNS – Criminal intimidation.
Conclusion
Section 152 BNS plays a critical role in safeguarding India’s sovereignty, unity, and integrity. It ensures that any attempt to destabilize the country through separatist movements, armed rebellion, or subversive activities is strictly dealt with.
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