The Supreme Court on Friday asked the Union government to explain its position on a petition questioning the constitutionality of Section 152 of the Bharatiya Nyaya Sanhita (BNS) — a clause that many believe is a rehashed form of the now-suspended law of sedition.
The case was taken up by a Bench led by Chief Justice of India Justice BR Gavai, with Justice K Vinod Chandran and Justice NV Anjaria also on the panel. The petition was filed by retired Army officer SG Vombatkere, who had earlier been among those challenging Section 124A of the Indian Penal Code (IPC), the old sedition provision currently in abeyance.
Vombatkere’s plea claims that Section 152 BNS is drafted so broadly that it could criminalise an array of actions — spoken, written, digital, symbolic, or even financial — if they are seen as an attempt to “excite or attempt to excite” secession, rebellion, subversive acts, or “encourage separatist sentiments.” The worry, the petition says, is that the provision’s sweep is so wide it risks punishing even lawful, peaceful criticism of the state.
It points out that the law uses imprecise expressions like “encouraging feelings of separatist activities,” which, according to the petitioner, fail to meet the constitutional standards of clarity and proportionality under Article 19(2), violate the guarantee of due process under Article 21, and create the possibility of arbitrary enforcement in breach of Article 14.
The plea warns that such vague drafting could have a chilling effect on public discourse, discouraging citizens from questioning or criticising the government. “This provision undermines the space for democratic debate and dissent,” it argues, urging the Court to strike down the clause altogether.
The petition also recalls the Supreme Court’s significant order of May 11, 2022, which had kept Section 124A IPC in suspension and directed the Centre and States not to register fresh sedition cases or proceed with ongoing ones until the law was reviewed. The plea said the decision to incorporate Section 152 into the BNS has ended up bypassing the 2022 order.
Appearing for the petitioner, Senior Advocate PB Suresh sought the testing of the provision against constitutional safeguards.