Supreme Court's Review of Section 152 of the Bharatiya Nyaya Sanhita (BNS)
The Supreme Court of India raised questions regarding the potential misuse of Section 152 of the Bharatiya Nyaya Sanhita (BNS), which penalizes "acts endangering sovereignty, unity, and integrity of India."
Arguments Against Section 152
- It was argued that Section 152, although differently worded, resembles the colonial sedition law, Section 124A of the IPC.
- The section is criticized for its vagueness, potentially suppressing free speech, particularly for journalists.
Judicial Observations
- The court noted the similarity with the now-struck Section 66A of the IT Act, which was removed for its ambiguous language.
- The court referenced the Kedar Nath Singh case, emphasizing that sedition requires proof of inciting violence.
- It highlighted that political dissent alone should not be considered a threat to sovereignty.
Constitutional and Legal Concerns
- The court warned against the detailed definition of "sovereignty" by the legislature.
- Discussion on whether challenging a provision could justify anticipatory bail or quashing an FIR under Section 438 CrPC.
Balance of Rights
- The court questioned the necessity of custodial interrogation for journalists.
- The court clarified the need to balance journalists' freedom of speech with the state's need to maintain public order.
