JudiciaryImportant2025-08-25

SC Quashes BNS Section 152 FIR Against Ashoka University Professor

Q: Which of the following statements is/are correct regarding the differences between Section 124A of the IPC and Section 152 of the BNS?

C. Both 1 and 2 — Both statements are correct. Section 152 of the BNS modernized the statute by explicitly requiring the 'purposely or knowingly' intent (mens rea) and adding contemporary methods of offense like electronic communication and financial means.

In News

What Happened

On August 25, 2025, the Supreme Court halted criminal proceedings against Ashoka University Professor Ali Khan Mahmudabad. He had been charged under Section 152 of the Bharatiya Nyaya Sanhita (BNS) for a social media post about Operation Sindoor. The Court barred a magistrate from taking cognizance of the police chargesheet, effectively freezing the prosecution.

Why It Matters

This case serves as a crucial early test of Section 152 of the BNS, the modern equivalent of the colonial-era sedition law. It reaffirms that political commentary and dissent, even if unpopular, are protected free speech and do not automatically constitute a threat to national sovereignty.

Background

History & Context

Section 124A of the Indian Penal Code (IPC), the colonial sedition law, faced severe criticism for suppressing dissent, leading the Supreme Court to put it on hold in May 2022. When the new criminal codes took effect on July 1, 2024, the government replaced the IPC with the BNS. Section 152 BNS was introduced to penalize acts endangering the sovereignty, unity, and integrity of India, though legal scholars debate whether it is a reform or a stricter repackaging of sedition.

What Changed

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BEFORE: Section 124A IPC penalized exciting 'disaffection' or bringing hatred toward the 'Government established by law'. NOW: Section 152 BNS shifts the focus from the government to the State, penalizing acts that endanger the 'sovereignty, unity, and integrity of India', while entirely dropping the word 'sedition'.
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BEFORE: The mental state (mens rea) was not explicitly defined in the statute, leaving courts to infer intent. NOW: Section 152 explicitly requires the acts to be done 'purposely or knowingly', setting a clearer threshold for intent.
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BEFORE: Punishment for sedition ranged from up to three years to life imprisonment. NOW: Section 152 increases the baseline maximum to seven years or life imprisonment, alongside a mandatory fine.
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BEFORE: The colonial text did not explicitly account for modern technology. NOW: Section 152 BNS specifically lists 'electronic communication' and 'use of financial mean' as modes of committing the offense.

Prelims Angle

NCERT Connection

This case directly connects to Class 11 Political Science Chapter 2, 'Rights in the Indian Constitution'. It illustrates the practical tension between Article 19(1)(a), which guarantees freedom of speech and expression, and the 'reasonable restrictions' under Article 19(2) concerning public order and the sovereignty of India.

Practice Questions

Q1

Correct Statement(s)

Which of the following statements is/are correct regarding the differences between Section 124A of the IPC and Section 152 of the BNS?

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