Abstract
The new sedition law, Section 152 of the Bharatiya Nyaya Sanhita (BNS), ostensibly enacted to rid Indian criminal law of colonial vestiges, has merely perpetuated and expanded the sedition framework of its predecessor, Section 124A of the Indian Penal Code (IPC). The imprecise and sweeping language of Section 152 BNS not only retains the core repressive spirit of the sedition law but also broadens its interpretative scope, increasing its potential for misuse. This paper asserts that the broader ambit of Section 152 BNS represents a regressive step, intensifying the risk of abuse. It also critiques the Kedar Nath Singh judgment, which upheld the constitutionality of sedition laws, as outdated and incompatible with contemporary constitutional standards such as the Test of Proportionality and the New Doctrine under Article 14. This judgment is increasingly irrelevant in the face of modern legal principles. In response, it offers reformative suggestions tailored to current Indian realities, aiming to balance national security with fundamental freedoms.
