(1)

Acts made punishable by Section 152 BNS:

• Exciting or attempting to excite secession or armed rebellion or subversive activities
• Encouraging feelings of separatist activities
• Endangering sovereignty or unity and integrity of India

Acts made punishable by Section 124A IPC:

• Bringing or attempting to bring into hatred or contempt Govt established by law in India
• Exciting or attempting to excite disaffection towards Govt established by law in India

Difference:

• In section 124A, it was exciting or attempting to excite disaffection towards Govt established by law in India. In section 152, it is exciting or attempting to excite secession or armed rebellion or subversive activities.
• In section 124A, it was bringing or attempting to bring into hatred or contempt Govt established by law in India. In section 152, it is encouraging feelings of separatist activities or endangering sovereignty or unity and integrity of India.

(2)

Caption

Section 152 BNS is captioned as “Act endangering sovereignty, unity and integrity of India.” As against this, Section 124A IPC was captioned as “Sedition”.

Thus, the word sedition is no longer in use now. The emphasis now is on protecting sovereignty, unity and integrity of India.

(3)

Intention/knowledge

Section 152 BNS makes the specified acts punishable only if the act is done purposely or knowingly. Under Section 124A IPC, however, the act itself was punishable, regardless of the purpose or knowledge.

(4)

Mode of doing the act

Under both provisions it is immaterial how the act is done; whether the doer employs words (either spoken or written), whether he uses signs or visible representation or whether he does it otherwise.  However, Section 152 BNS makes specific mention of two additional modes:  use of electronic communication and use of financial means.

(5)

Punishment:

Punishment u/s 152 BNS is imprisonment for life with fine or imprisonment upto seven years with fine. As against this, punishment u/s 124A IPC was imprisonment for life (with or without fine) or imprisonment upto three years (with or without fine) or fine alone.

Thus, under IPC the spectrum of punishment ranged from as high as imprisonment for life to as low as fine alone. But under BNS it has to be imprisonment: this imprisonment can either be for any term upto seven years or it can be life imprisonment. But it cannot be fine alone.

Conclusion

Thus the tone and tenor of the new provision in section 152 BNS is altogether different from the tone and tenor of the corresponding provision as it existed in section 124A IPC.

Interpretation of section 124A by the Supreme Court in Kedar Nath Singh v. State of Bihar in 1962:

Section 124A of the Indian Penal Code which makes sedition an offence is constitutionally valid. Though the section imposes restrictions on the fundamental freedom of speech and expression, the restrictions are in the interest of public order and are within the ambit of permissible legislative interference with the fundamental right.

A citizen has a right to say or write whatever he likes about the Government or its measures, by way of criticism or comment, so long as he does not incite people to violence against the Government established by law or with the intention of creating public disorder.

The purpose of the crime of sedition was to prevent the government established by law from being subverted because “the continued existence of the Government established by law is an essential condition of the stability of the State”.

Any acts within the meaning of s. 124A which have the effect of subverting the Government by bringing that Government into contempt or hatred, or creating disaffection against it, would be within the penal statute because the feeling of disloyalty to the Government established by law or enmity to it imports the idea of tendency to public disorder by the use of actual violence or incitement to violence.

The provisions of the section are limited in their application to acts involving intention or tendency to create disorder or disturbance of law and order or incitement to violence.

Strong words used to express disapprobation of the measures of Government with a view to their improvement or alteration by lawful means would not come within the section.

Comments, however strongly worded, expressing disapprobation of actions of the Government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence, would not be penal.

To summarize, the Supreme Court had stated that Section 124A cannot be interpreted literally. The two essential ingredients required to establish the crime of sedition under Section 124A are

(i) the acts complained of must be intended to have the “effect of subverting the Government” by violent means; and

(ii) the acts complained of must be intended, or have a tendency, to create disorder or disturbance of public peace/ law and order by resort to violence and must incite violence.

Therefore, mere slogan shouting against the State or the Government established by law which is not intended to have the “effect of subverting the Government” by violent means; and which is not intended to, nor has the tendency, to create disorder or disturbance of public peace/ law and order by resort to violence; and which does not incite violence will not amount to the crime of sedition under section 124A.