National Security

The End of Sedition: Replaced by Acts Endangering Sovereignty Under BNS Section 152

Published by Prof. Alok Mukherjee, Constitutionalist on May 05, 2026 | 5 min read

Decolonizing the penal code: The omission of the colonial-era Sedition law (IPC 124A) and the introduction of BNS Section 152.

Key Takeaways

  • IPC Section 124A (Sedition) is completely omitted under BNS.
  • Section 152 introduces charges for acts endangering sovereignty, unity, and integrity of India.
  • Removes the phrase 'disaffection towards the government' to prevent suppression of criticism.
  • Punishment increased from 3 years to a minimum of 7 years up to life imprisonment.

Omiting a Colonial Weapon

Section 124A of the IPC, which defined 'Sedition', was originally drafted by the British to suppress the Indian freedom struggle. It criminalized exciting 'disaffection' or hatred against the government. In recent decades, it faced severe criticism for being misused against journalists, activists, and citizens criticizing state policies. The BNS has formally removed the word 'Sedition' from the statute book.

The Rise of BNS Section 152

While sedition is gone, acts that threaten the nation's existence are still heavily penalized under BNS Section 152. The new section focuses on acts endangering the sovereignty, unity, and integrity of India. It penalizes anyone who, exciting secession or armed rebellion, encourages subversive activities or feelings of separatist activities, threatening the country's sovereign structure.

Key Difference: Protecting Dissent

A vital difference between IPC 124A and BNS 152 is the removal of the term 'disaffection towards the government'. Under Section 152, criticizing government policies, local administrations, or political parties does not constitute a crime, provided it does not urge armed rebellion or incite secession. This represents a significant shift toward protecting democratic dissent.

Increased Punishment and Caution

While the scope has been narrowed to protect dissent, the punishment for actual anti-national activities under Section 152 has been increased. The minimum punishment has been raised from three years to seven years of imprisonment, which can extend to life imprisonment, along with a fine. Legal experts advise courts to monitor the application of Section 152 to ensure it is not used in the same broad manner as the old sedition law.