In a crucial development on Tuesday, the Supreme Court granted interim protection from arrest to journalist and The Wire editor Siddharth Varadarajan in connection with a case filed by the Assam Police over an article on Operation Sindoor published by the online news portal.
The case has been registered under Section 152 of the Bharatiya Nyaya Sanhita (BNS) — a provision that penalises acts “endangering the sovereignty, unity and integrity of India.”
Court Proceedings
A bench of Justices Surya Kant and Joymalya Bagchi issued a notice to the Centre on a plea filed by the Foundation for Independent Journalism (which runs The Wire), challenging the constitutional validity of Section 152.
The petitioners argued that this new provision is essentially a revival of the colonial sedition law — the now-defunct Section 124A of the Indian Penal Code (IPC) — and could have a chilling effect on the freedom of speech and expression.
Senior Advocate Nitya Ramakrishnan, representing the petitioners, said the provision was vague and open to misuse.
Justice Surya Kant noted: Any provision in penal law can be misused…”
However, the bench questioned whether potential misuse alone could be grounds to strike down a law.
Justice Bagchi asked: Is the potentiality of abuse a ground to declare a law unconstitutional? Show us an authority on that. There is a difference between implementation and power to legislate.”
The counsel maintained that Section 152 could be weaponised to muzzle press freedom.
Solicitor General Tushar Mehta countered, asking if the media should be treated as a separate class. Justice BBagchiclarified, That’s not what is being sought. It is about balancing the fundamental right to free speech with the protection of public order.”
Justice Kant also pointed out that since the case relates to a published article, custodial interrogation was unnecessary. He further questioned how the provision legally defines “acts endangering sovereignty.”How can it be statically defined? For instance, one can argue that political dissent can’t endanger sovereignty… Inviting the legislature to define ‘endangering sovereignty’ is a big danger.”
The Solicitor General noted that a new “negative explanation” had been added to the provision, aiming to limit its scope.
The court tagged the petition with another case also challenging Section 152 of the BNS.
Explainer: Section 152 of the BNS — Sedition 2.0?
When the Bharatiya Nyaya Sanhita (BNS) replaced the IPC in 2023, the sedition law under Section 124A was formally repealed. But Section 152 — “Acts endangering sovereignty, unity and integrity of India” — quickly became a point of contention.
What Section 152 Says
It criminalises words, writings, signs, electronic communication, financial means, or any act that:
- Excites or attempts to excite secession
- Incites armed rebellion or subversive activities
- Encourages separatist feelings
- Or otherwise endangers the sovereignty, unity, and integrity of India
Punishment: Life imprisonment or imprisonment up to seven years, plus a fine.
Key Differences from the Old Sedition Law (124A IPC)
| Aspect | Old Sedition (124A IPC) | New Section 152 BNS |
|---|---|---|
| Focus | Disaffection towards government | Threats to sovereignty, unity, and integrity |
| Mediums | Speech, writing | Speech, writing, electronic communications, and financial means |
| Penalty | Life or up to 3 years | Life or up to 7 years |
| Scope | Criticism could be penalised | Broader — includes separatism, rebellion, subversion |
Criticism
- Vague terms like “endangering sovereignty” open doors to subjective interpretation.
- A broader scope could target digital activists, journalists, and dissenters.
- It could function as a modern-day sedition law.
Government’s Defence
- Necessary to counter terrorism and separatist threats.
- New “negative explanation” protects legitimate criticism of the government.
- Expanded scope covers digital-era and financial threats.
The Supreme Court’s final word on Section 152 will not just decide the fate of this case, but could reshape free speech laws in India for decades to come.
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