Section 152 of the Bharatiya Nyaya Sanhita (BNS).

SC Questions Potential Misuse of BNS Section 152

• Context: Supreme Court is hearing a petition by Foundation of Independent Journalism and journalist Siddharth Varadarajan challenging Section 152 of the Bharatiya Nyaya Sanhita (BNS).

• Provision: Section 152 penalises “acts endangering sovereignty, unity, and integrity of India.”

• Petitioners’ Argument:

  • Provision is essentially a re-worded form of colonial IPC Section 124A (Sedition).

  • Vague and overbroad — can chill free speech, especially of journalists.

• SC Observations:

  • Potential misuse alone—whether enough to strike down a law?

  • Vagueness in penal provisions is a valid ground to challenge.

  • Kedar Nath Singh (1962) precedent: Sedition applies only if there is a clear incitement to violence or threat to sovereignty.

  • Political dissent alone is not a threat to sovereignty.

• Relief Granted: Protection from coercive police action for Varadarajan and Foundation members.

• Union’s Stand: SG Tushar Mehta argued journalists are not a separate class under law; questioned use of constitutional challenge as ground for anticipatory bail.