SC seeks centre's response on plea alleging sec 152 is unconstitutional

The Supreme Court on Friday issued a notice to the Centre on a plea challenging the constitutional validity of Section 152 of the Bharatiya Nyaya Sanhita (BNS) by alleging that it replaces the old sedition law under the Indian Penal Code (IPC).

A three-member bench headed by CJI BR Gavai asked the Centre to respond to the plea filed by SG Vombatkere, a retired Indian Army officer, who had earlier challenged the offence of sedition under Section 124A of IPC. The petition alleged Section 152 is a "repackaged sedition law". It further said though the language of the new provision is altered, its substantive content now criminalises more vague and broad categories of speech and expressions.

"Section 152 criminalises a wide spectrum of expressive conduct, including those who 'purposely or knowingly' use words - spoken, written, electronic, symbolic, or financial - to 'excite or attempt to excite' secession, rebellion, or subversive activities," the plea argued.