BNS Section 152: Act Endangering Sovereignty, Unity and Integrity of India
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.
Definition of BNS Section 152
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.
Explanation and Illustration of BNS Section 152
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.
Key Points in Section 152
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
- Secession: Promoting secession of any part of India from the nation
- Armed Rebellion: Advocating or instigating armed resistance against the government
- Subversive Activities: Conduct that is prejudicial to the integration of India or that supports secessionism.
Differences Between Section 152 of BNS and its Equivalent IPC Section
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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FAQs about Section 152 of the Bharatiya Nyaya Sanhita (BNS)
What are subversive activities under Section 152?
Subversive activities under Section 152 involve any actions that aim to undermine the authority of the government or the country’s unity. These can include spreading separatist ideologies, promoting hostility between groups, or attempting to weaken the national fabric by any means.
Who can be punished under Section 152?
Individuals who knowingly or intentionally incite, engage in, or encourage acts of secession, rebellion, or subversion are punishable under Section 152. This includes those who actively participate in such activities or those who provide financial or material support to such causes.
What are the penalties under Section 152 of the BNS?
Punishments for offenses under Section 152 include life imprisonment or imprisonment for up to seven years, along with the imposition of a fine. These penalties are meant to deter actions that threaten the sovereignty, integrity, and unity of India.
Can peaceful protests fall under Section 152?
No, lawful and peaceful protests that express dissatisfaction with the government or seek change without inciting rebellion or secession do not fall under Section 152. The section targets actions and speech that go beyond lawful dissent and pose a direct threat to national security.
Is there a distinction between lawful dissent and unlawful actions?
Yes, lawful dissent is the peaceful expression of disagreement with government policies or actions, while unlawful actions involve incitement to rebellion, violence, or secession. Section 152 punishes only those actions that endanger national unity and security, not legitimate, peaceful opposition.
What does 'incitement' mean under Section 152?
Incitement, under Section 152, refers to encouraging or provoking others to engage in acts of rebellion, secession, or subversion. This can involve speeches, writings, or other forms of communication intended to stir individuals to act against the country’s integrity or government.
Can electronic communications be punished under Section 152?
Yes, electronic communications, including online posts, social media, and messages, can be considered punishable under Section 152 if they incite or attempt to incite acts of rebellion, secession, or subversion. This includes promoting violence, separatism, or hostility through digital platforms.
