S.G. VOMBATKERE AND THE CONSTITUTIONAL CHALLENGE TO SECTION 152 BNS: CAN SEDITION SURVIVE JUDICIAL REVIEW IN A NEW FORM?
Paras Gupta
, Ujjwal Kumar Singh
Keywords: Section 152 of the Bharatiya Nyaya Sanhita, 2023; sedition; freedom of speech and expression; constitutional review; S. G. Vombatkere
Section 152 of the Bharatiya Nyaya Sanhita, 2023 has reignited the discourse of sedition in the constitution by introducing alternative legislative terms related to the plurality of the constitution, secession, rebellion, and activities related to the financial and ideological support of subversion. The research question is: does this reform address the established constitutional concerns regarding Section 124A of the Indian Penal Code, 1860, or does it reflect them in a broader and more indeterminate manner? Through the methodology of doctrinal legal research, the article examines the wording of Section 152, the framework of free speech adjudicated within the concerns of Articles 14, 19, and 21 of the Constitution of India, the impact of the Vombatkere case on the existing framework, and the recent developments of the Supreme Court with respect to Section 152 and the pending challenge to sedition. The article concludes that the removal of Section 124A does not make Section 152 constitutionally safe. While it has removed the older focus on disaffection to the government, it has incorporated new legislatively open, operationally broad, and easily artfully manipulated focus. The article argues that the only way Section 152 can remain on the books is if the courts interpret the section narrowly to focus on the real and intentional incitement or substantial anti-state violent actions or secession. The article argues that without this limitation the provision will remain open to being struck down on challenges to vagueness, stopping speech of a constitutionally protected nature, and procedural invalidity. The broader argument is that a constitutional test will need to assess all elements of a modern speech crime, not just the terms and the legislative history.
"S.G. VOMBATKERE AND THE CONSTITUTIONAL CHALLENGE TO SECTION 152 BNS: CAN SEDITION SURVIVE JUDICIAL REVIEW IN A NEW FORM?", JETNR - JOURNAL OF EMERGING TRENDS AND NOVEL RESEARCH (www.JETNR.org), ISSN:2984-9276, Vol.4, Issue 6, page no.a482-a492, June-2026, Available :https://rjpn.org/JETNR/papers/JETNR2606063.pdf
Volume 4
Issue 6,
June-2026
Pages : a482-a492
Paper Reg. ID: JETNR_235006
Published Paper Id: JETNR2606063
Downloads: 00080
Research Area: Others area
Country: Pilibhit , Uttar Pradesh , India
ISSN: 2984-9276 | IMPACT FACTOR: 9.87 Calculated By Google Scholar | ESTD YEAR: 2023
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 9.87 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
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