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Section 152 of BNS is part of Chapter 7 - Offences against the state in Bharatiya Nyaya Sanhita Act, 2023. It pertains to the offense of committing acts that endanger the sovereignty, unity, and integrity of India. This provision is designed to protect the nation's foundational principles by addressing activities that threaten national stability and cohesion.
Section 152 of the BNS 2023 States:
Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine.
Explanation.––Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section.
Section 152 is aimed at preventing acts that may undermine the integrity of the country or incite movements that are inimical to the territorial integrity or sovereignty of India. A person can be seriously punished if they use any kind of communication, whether spoken, written, or electronic, with the intent to abet or incite others to indulge in rebellion, secession, or separatism. The law prevents such activities, which are dangerous to national security, from taking place.
Illustration:
Imagine a local leader posting a controversial statement of inflaming citizens and asking all their followers for state separation by using violent movements. If the person calls for armed rebellion or encourages separatism, then they would be prosecuted under Section 152. Even if their speeches are made online or in written form, the intention to damage the sovereignty and integrity of India would suffice to have serious repercussions like life imprisonment or imprisonment for a term up to 7 years along with fine.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Section 152 of the BNS 2023 covers not only physical acts but also words (oral or written), symbols, electronic communications, and financial resources that attempt to incite actions like secession or rebellion. Individuals who intentionally or knowingly incite, encourage, or engage in such activities are liable under this law.
Punishment involves life imprisonment, or imprisonment for up to seven years, with a fine
This section is not applicable for expressing dissatisfaction towards the government action or policy, which is in a lawful manner and aimed to bring about a change without encouraging rebellion.
Following Acts are Included in section 152
This section outlines the key differences between Section 152 of BNS and its equivalent IPC section 124 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
---|---|---|---|
152 | Act endangering sovereignty, unity and the integrity of India. | 124 | Newly added section. 'Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or Commits any such act shall be punished with imprisonment for life, or with imprisonment. |
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