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The Rajasthan High Court has observed that Section 152 of the Bharatiya Nyaya Sanhita (BNS) appears to be reintroducing sedition laws from the scrapped Indian Penal Code (IPC) and should not be used to cripple legitimate dissent.
Justice Arun Monga also pointed out that the BNS provision is similarly worded to the sedition offence originally introduced by the British.
“It criminalises acts or attempts that incite secession, armed rebellion, or subversive activities, or encourage separatist sentiments that threaten the country’s stability. Prima facie, it is appears to be rather reintroducing section 124-A (sedition) by another name,” Justice Monga said.
“It is rather debatable as to which of two provisions i.e. the one repealed (sedition) or the one reintroduced is more stringent,” he added.
The High Court was hearing Sikh preacher’s plea seeking quashing an FIR under the same BNS section filed against him after he posted a video on Facebook expressing sympathy with Canadian pro-Khalistan MP Amritpal Singh.
The court ruled that there must be a cautious application of Section 152 in consonance with the right to freedom of speech and expression. It also pointed out that the provision should not be seen as a sword against dissent but as a shield necessary for national security.
“Explanatory provision thus provides the balancing Act. It balances national security with individual rights, ensuring that lawful political dissent is not stifled under the pretext of maintaining sovereignty,” legal news outlet Bar and Bench quoted the judge as saying.
Justice Monga underscored that there must be a direct and imminent link between the speech and the likelihood of rebellion or secession to invoke such provisions.
“Legitimate dissent or criticism cannot be equated with sedition or anti-national acts,” the court said, also adding, “In cases involving Section 124A (sedition) of the repealed IPC, casual or rhetorical statements did not amount to sedition, unless, of course, they incite violence or public disorder”.
The BNS, which came into force on 1 July 2024, introduced the offence of ‘Act endangering sovereignty, unity and integrity of India’, replacing section 124A of the IPC, which defined the offence of Sedition.
While the government has asserted that it has “completely repealed” the sedition laws, the opposition has accused the new law of being a vague replica of the old sedition law, with the potential for misuse.
