Freedom of Speech and National Security: A Comparative Critique of Section 152 of the Bharatiya Nyaya Sanhita and Section 124A of the Indian Penal Code

Abstract

In the legal debate around the globe, the interrelation between security of nation and free speech has been an arguable issue. This issue is mostly visible in the provision of IPC under section 124A which deals with sedition laws. An age-old provision, which has often been disapproved by many for misusing it against the political rivals, news reporters and other activists since colonial era. The Indian government for replacing the Indian Penal Code came up with the new legislation of Bharatiya Nyaya Sanhita, 2023 which deleted the law of sedition but still having a provision of section 152 which deals with any act which endangering the sovereignty unity and integrity of India. This article examines critically the consequences of section 152 on freedom of speech and expression and national security, especially in comparison with section 124A of IPC. The first section of the paper talks about the historical evolution of Indian laws relating to sedition over many years and its judicial pronouncement, emphasized given on the case of Kedar Nath vs. State of Bihar (1962). This paper compares the scope and language of both the provisions of section 124A of IPC and Section 152 of BNS, analyzing its power to violate the free speech and protecting the security of nation. This paper highlights that the new provision in the BNS may be a step towards modernizing the law for protecting national security but it is not free from potential misuse, which obviously remains a concern. The article ends up by recommending some changes in provision of Bharatiya Nyaya Sanhita that national security issues do not override democratic principal of freedom of speech and expression.