Bharatiya Nyaya Sanhita 2023
Section 152 :
Acts endangering sovereignty unity and integrity of India :
(See section 124A of IPC 1860)
Section : 152
Classification of Offence:
Offence : Acts endangering sovereignty unity and integrity of India.
Punishment : Imprisonment for life and fine, or imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.
Explanation :
Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section.
Indian Penal Code 1860 (IPC 1860)
Section 124A :
1.[Sedition:
(See section 152 of BNS 2023)
Classification of Offence:
Offence: Sedition
Punishment :Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session
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Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 2.[***] the Government established by law in 3.[India], 4.[***] shall be punished with 5.[imprisonment for life], to which fine may be added or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation 1 :
The expression disaffection includes disloyalty and all feelings of enmity.
Explanation 2 :
Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3 :
Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this Section.]
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1. Ins. by Act 27 of 1870, s. 5 and subs. by Act 4 of 1898, s. 4, for s. 124A.
2. The words “Her Majesty or” omitted by the A.O. 1950. The words or the Crown Representative ins. after the word “Majesty” by the A. O. 1937 were omitted by the A. O. 1948.
3. The words British India have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.
4. The words or British Burma ins. by the A. O. 1937 and omitted by the A. O 1948.
5. Subs. by Act 26 of 1955, s. 117 and the Sch., for transportation for life or any shorter term (w.e.f. 1-1-1956).