Section 152 of BNS

Source: Supreme Court  

Why in News? 

Recently, Justices MM Sundresh and N Kotiswar Singh challenging an FIR filed under Section 152 of the Bharatiya Nyaya Sanhita. 2023 (BNS) for his video criticizing the Assam government's land allotments and alleged communal politics.  

• The Supreme Court held this in the matter of Abhisar Sharma v. Union of India and Ors. (2025). 

What was the Background of Abhisar Sharma v. Union of India and Ors. (2025) Case? 

• The petitioner, Abhisar Sharma, is a journalist and YouTuber who has approached the Hon'ble Supreme Court of India seeking relief against a First Information Report (FIR) registered by the Assam Police under provisions of the Bharatiya Nyaya Sanhita, 2023. 
• The present controversy arose after the petitioner's publication of a video content wherein he voiced criticism against what he termed as the Assam government's 'communal politics' and raised questions regarding the allotment of 3000 bighas of land to a private commercial entity. 
• In the impugned video, the petitioner referred to proceedings before the Hon'ble Gauhati High Court, wherein the state government of Assam was questioned regarding the allocation of 3000 bighas of land to a private cement manufacturing company, namely Mahabal Cements, for the stated purpose of mining operations in the Dima Hasao region. 
•  In the context of the aforementioned land allotment matter, the petitioner alleged that the Assam government has allocated 9000 bighas of land to the Adani Group. 
• The petitioner accused the Chief Minister of Assam, Himanta Biswa Sarma, of prioritizing the interests of the Adani Group and engaging in communal politics. 
• The petitioner has been charged under Section 152 (endangering sovereignty of the nation), Section 196 (promoting enmity between different groups) and Section 197 (imputations prejudicial to national integration and security) of the Bharatiya Nyaya Sanhita, 2023. 
• The complaint was filed by one Alok Baruah, who alleged that the petitioner's statements and remarks had the effect of provoking communal sentiments and creating feelings of distrust against state authorities. 
• The petitioner has challenged the constitutional validity (vires) of Section 152 of the Bharatiya Nyaya Sanhita, which is stated to have replaced the erstwhile sedition law contained in the Indian Penal Code. 

What were the Court’s Observations? 

• The Hon'ble Supreme Court is presently seized of challenges to Section 152 of the BNS in various matters, indicating the judicial scrutiny being accorded to this provision. 
• The Court has recently granted interim protection from arrest to journalists from The Wire news portal, namely Founding Editor Siddharth Varadarajan and Consulting Editor Karan Thapar, in a separate FIR registered by Assam police under Section 152 BNS. 
• The matter involves fundamental questions regarding the balance between freedom of speech and expression under Article 19(1)(a) of the Constitution and the state's power to maintain public order and national security. 
• The case presents issues of territorial jurisdiction, given that the FIR has been registered in Assam while the petitioner may be based elsewhere, raising questions about the propriety of invoking criminal jurisdiction. 
• The charges invoked relate to serious offences against the state, including endangering national sovereignty and promoting enmity between groups, which carry significant penal consequences and require careful judicial examination. 
• The matter is scheduled for hearing on August 28 before a Division Bench comprising Hon'ble Justice MM Sundresh and Hon'ble Justice N Kotiswar Singh. 
• The case involves examination of the scope and application of newly enacted provisions under the Bharatiya Nyaya Sanhita, particularly in the context of media criticism of government policies and actions. 
• The Supreme Court's approach to similar cases involving media personnel demonstrates judicial consideration of the rights of journalists and freedom of press in relation to criminal law provisions. 
• The constitutional challenge to Section 152 BNS raises questions about the validity and scope of the provision as a replacement for the erstwhile sedition law 

What is Section 152 of BNS? 

• Section 152 BNS criminalizes acts that purposely or knowingly endanger sovereignty, unity and integrity of India through any means of communication or expression. 
• The provision covers exciting or attempting to excite secession, armed rebellion, subversive activities, or encouraging separatist feelings. 
• The punishment prescribed is imprisonment for life or up to seven years, with mandatory fine. 
• The section includes modern communication methods like electronic communication and use of financial means. 
• Legitimate criticism of government measures aimed at lawful alteration is protected under the Explanation. 

Key Differences Between Section 124A IPC and Section 152 BNS 

• Section 124A IPC focused on "sedition" and disaffection towards government, while Section 152 BNS targets specific acts endangering national sovereignty and integrity. 
• BNS requires "purposely or knowingly" committing the act, introducing stricter mental element compared to IPC's broader application. 
• IPC prescribed maximum three years imprisonment (optional fine), while BNS prescribes up to seven years with mandatory fine. 
• BNS explicitly includes electronic communication and financial means, addressing modern methods not covered in IPC. 
• BNS provides narrower protection for criticism compared to IPC's broader safeguards for legitimate government criticism.