● New in BNS
BNS Section 152 is not a renumbering of sedition (IPC 124A, repealed outright) but a differently-scoped offence. It targets exciting or attempting to excite secession, armed rebellion, subversive activities or separatist feelings, or otherwise endangering India's sovereignty, unity and integrity -- not, on its own text, mere criticism, mockery or "disaffection" toward the government, which was what IPC 124A criminalised.
There is no IPC equivalent -- IPC 124A (sedition) was repealed outright, not renumbered. See the separate IPC 124A page for what that repealed offence covered.
BNS Section 152 punishes whoever, purposely or knowingly, by words, signs, visible representation, electronic communication or otherwise, excites or attempts to excite secession, armed rebellion, subversive activities, or separatist feelings, or endangers the sovereignty or unity and integrity of India, or indulges in or commits any such act. A saving Explanation preserves lawful dissent: comments disapproving of government measures or administrative action, made with a view to obtaining their alteration by lawful means and without exciting the acts described above, do not constitute an offence.
This is a repeal-and-replace, not a renumbering. Sedition -- criminalising hatred, contempt or disaffection toward the government as such -- no longer exists as an offence. BNS 152 is oriented toward threats to the state's territorial and constitutional existence (secession, armed rebellion, subversion, separatism) rather than criticism of, or disloyalty toward, the government of the day. Mere criticism or contempt of the government, without more, is not on the face of the text covered by BNS 152. The punishment structure also changed: the maximum for the lesser tier rose from 3 to 7 years, and fine -- optional and sometimes the sole penalty under IPC 124A -- is now mandatory alongside imprisonment, with no fine-only sentencing option.
Imprisonment for life, or imprisonment which may extend to 7 years, and fine..
BNS 152 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under BNS 152 are tried before the Court of Session..
The saving Explanation itself operates as a defence: comments disapproving of government measures or administrative action, made in good faith to seek lawful change and without exciting secession, armed rebellion, subversion or separatism, do not constitute an offence under this section. Absence of the specific intent (purposely or knowingly) to excite the acts described is also a defence.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons