The Supreme Court on Friday issued a notice to the Central government on a petition challenging the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita (BNS). The petitioner claims that it is a “repackaged” version of the sedition law whose operation was put in abeyance in 2022.
A Bench of Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria sought the Centre’s response to the plea by retired Indian Army officer SG Vombatkere, who had earlier challenged Section 124A of the Indian Penal Code (IPC) — the sedition provision kept in abeyance by the top court on May 11, 2022.
Vombatkere’s petition contends that Section 152 BNS, though worded differently, retains the core of the repealed law and “criminalises a wide spectrum of expressive conduct” — including spoken, written, electronic, symbolic or even financial expression — that could “excite or attempt to excite” secession, rebellion or subversive activities.
The plea points to the use of broad phrases such as “encouraging feelings of separatist activities” as failing constitutional tests of clarity, proportionality and due process, and creating a chilling effect on free speech.
The petition contends that the new law violates Articles 14, 19(1)(a) and 21 of the Constitution, permits arbitrary state action, and threatens democratic discourse and the right to dissent. “The government has, in effect, reinstated the old law despite it being suspended by this Court,” it states.
The top court’s May 11, 2022 order had restrained the Centre and states from registering new FIRs under Section 124A IPC, and directed that no coercive steps be taken in pending sedition cases until the Union government completed its re-examination of the provision.
On May 11, 2022, the Supreme Court, in an interim order, put Section 124A of the IPC — the colonial-era sedition law — in abeyance. It directed the Centre and all states to refrain from registering new FIRs under the provision and to pause all ongoing investigations and trials in sedition cases.
The order came as the Union government told the Court it was re-examining the law. The Bench, led by then CJI NV Ramana, said no coercive steps should be taken in pending matters until the review was complete. This effectively suspended the application of the sedition law nationwide until further orders.