“Old Wine in New Bottle?” SC Questions Centre Over ‘Rebranded Sedition Law’
On 8 August, the Supreme Court issued a notice to the Central Government on a petition challenging Section 152 of the Bharatiya Nyaya Sanhita (BNS). The provision is being criticised as a rebranded form of the old Section 124A of the Indian Penal Code (IPC) — the sedition law currently suspended by the Court.
The petition, filed by retired Army officer SG Vombatkere, argues that the new section is vague, overbroad, and a threat to free speech and democracy. He had also challenged the earlier sedition provision.
A Bench led by Chief Justice BR Gavai and comprising Justices K Vinod Chandran and NV Anjaria directed the Centre to file its response.
According to the plea, Section 152 violates three key constitutional rights:
- Article 14 – Equality before the law
- Article 19(1)(a) – Freedom of speech and expression
- Article 21 – Right to life and personal liberty
The petitioner calls the provision a “repackaged sedition law”, noting that while the wording has changed, the essence remains the same — and in some ways, is even harsher.
Under this law, anyone who “purposely or knowingly” uses spoken, written, electronic, symbolic, or even financial means to “excite or attempt to excite” secession, armed rebellion, or subversive activities can be punished. It even covers vague terms like “encouraging feelings of separatist activities”, which, according to the plea, fails constitutional tests of clarity, proportionality, and necessity.
The petition alleges that the sweeping scope of the section will have a chilling effect on free speech, enable arbitrary state action, and silence democratic dissent.
The old sedition law under Section 124A IPC was suspended by the Supreme Court on 11 May 2022, with directions to all governments to stop registering fresh cases and halt ongoing proceedings until a review was completed. The petitioner claims Section 152 BNS brings back the same problem under a new name.
Key Comparison: Section 124A IPC vs Section 152 BNS
| Aspect | Old Law – Section 124A IPC | New Law – Section 152 BNS |
| Statute | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Focus | Punishes acts bringing hatred or contempt towards the government | Punishes acts exciting secession, rebellion, or subversive activities |
| Language | Words, signs, or representation bringing “hatred or contempt” or “disaffection” | Words, electronic means, financial support, or signs exciting secession, armed rebellion, or subversive activities |
| Punishment | Life imprisonment or up to 3 years + fine | Life imprisonment or up to 7 years + fine |
| Criticism | Vague and prone to misuse | Allegedly broader and vaguer, includes undefined terms like “subversive activities” |
| Status | Suspended by SC in 2022 | Active, under SC challenge |
| Petitioner’s Stand | Violates Articles 14, 19(1)(a), and 21 | Same violations; called “repackaged sedition” |
Case Title: SG Vombatkere v Union of India
