Daily News Analysis ‘Supreme Court Examines Section 152 of the BNS’ : 13 August

What Section 152 Says:

• Punishes anyone who intentionally or knowingly, through speech, writing, electronic communication, or financial support:
  • Encourages secession, armed rebellion, or subversive activities.
  • Promotes separatist feelings.
  • Participates in such acts.
• Punishment: Life imprisonment or up to 7 years in jail, plus a fine.
• Exception: Lawful criticism of the government, aimed at change through legal means, is not an offence.

Current Case:

• Filed by Foundation for Independent Journalism and Siddharth Varadarajan (The Wire).
• FIR registered in Assam over a news article.
• Court issued notice to the Centre and Assam.
• Questions raised:
  • Can a law be struck down for its potential misuse?
  • Should journalists be treated differently under such provisions?

Supreme Court’s Key Points:

• Vague penal laws can be unconstitutional.
• Referred to the Kedar Nath Singh case, which held that sedition applies only if there is incitement to violence or an actual threat to public order.
• Mere political dissent does not endanger sovereignty.
• Court protected journalist Siddharth Varadarajan and his organisation from coercive action.

•  The Supreme Court is hearing petitions questioning the constitutionality of Section 152 of the Bharatiya Nyaya Sanhita (BNS), with concerns that it is vague and could be misused against free speech.