Context:
The Rajasthan High Court, in Tejender Pal Singh v. State of Rajasthan (2024), cautioned against using Section 152 of the Bharatiya Nyaya Sanhita (BNS) as a tool to stifle legitimate dissent.
Section 152 (BNS)
Section 152 (BNS) criminalizes acts which endanger the sovereignty, unity, and integrity of India, such as inciting rebellion or promoting separatism. Though it does not use the term “sedition,” it does similar work but with broader words.
- Penalties
- Section 152 increases the potential penalty to life imprisonment or up to seven years, along with a mandatory fine, making it potentially more stringent.
- Section 152 lowers this threshold by allowing prosecution if a person “knowingly” shares information that could incite rebellion or separatism, regardless of malicious intent.
