Supreme Court to Review Sedition Law Under Bharatiya Nyaya Sanhita

The Supreme Court of India has agreed to review a petition challenging the constitutional validity of a new sedition law under the 2023 Bharatiya Nyaya Sanhita (BNS). A bench, led by Chief Justice B R Gavai, issued a notice to the Central government in response to a public interest litigation (PIL) filed by retired Major General S G Vombatkere, who opposed the validity of Section 152 of BNS.

This new provision is argued to be a rebranded version of the colonial-era sedition law, which had been previously kept in abeyance by the Supreme Court awaiting legislative review. The law has come under scrutiny for its potentially vague and expansive language that critics say threatens democratic discourse by inadequately defining acts that 'endanger sovereignty, unity and integrity of India'.

The petitioners argue that Section 152 violates constitutional principles, including Articles 14, 19(1)(a), and 21, relating to equality, freedom of speech, and right to life respectively. The law's critics warn that it criminalizes a wide array of speech and actions without clear definitions, paving the way for arbitrary State action.

(With inputs from agencies.)