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SC Reviews Constitutional Validity of BNS Section 152

Why in the News ?

The Supreme Court questioned if the potential misuse of Section 152 of the Bharatiya Nyaya Sanhita (BNS) could make it unconstitutional, while granting protection to journalist Siddharth Varadarajan and the Foundation of Independent Journalism from coercive police action in an Assam FIR case.

Case Background and Court Protection:

●      Accused: Siddharth Varadarajan, founding editor of The Wire, and members of the Foundation of Independent Journalism.

●      FIR Details: Filed in Morigaon, Assam under Section 152 BNS and other provisions for a published news article.

●      Petitioner’s Concern: Arrest of Varadarajan and others was “imminent”.

●      SC Action: Granted protection from coercive measures; issued notice to Union Government and State of Assam.

●      Bench Composition: Justices Surya Kant and Joymalya Bagchi.

Arguments, Concerns, and Implications:

●      Petitioner’s Stand (Nitya Ramakrishnan):

○       Section 152, though avoiding the word “sedition”, retains colonial-era restrictions.

○       Its broad and unclear scope creates a chilling effect on press freedom.

●      Court’s Queries:

○       Whether possible misuse can be grounds for declaring a law unconstitutional.

○       Whether custodial interrogation of journalists is necessary.

●      Government’s Response (Tushar Mehta):

○       Journalists are not a separate class under criminal law.

○       Questioned if challenging a provision could justify anticipatory bail under Section 438 CrPC.

●      Potential Impact:

○       Sets the stage for a landmark ruling on free speech and sovereignty laws in the post-IPC era.

○       Could redefine press freedom protections and scope of sedition-like provisions under BNS.

About Section 152 BNS & Legal Context:

●      Section 152 BNS: Penalises acts endangering sovereignty, unity, and integrity of India.

●      Comparison with IPC: Allegedly mirrors Section 124A IPC (sedition) in essence, despite different wording.

●      Legal Challenge: Criticism over vagueness and potential to curb free speech, especially of journalists.

●      Kedar Nath Singh Precedent: Sedition applies only when there is clear proof of incitement to violence or a threat to sovereignty.

●      Judicial Observation:

○       Justice Bagchi: Vagueness in penal law can be a valid constitutional challenge.

○       Justice Kant: Political dissent alone cannot be treated as a threat to sovereignty.