BNS Section 152 – Acts endangering sovereignty unity and integrity of India

IPC Section – New Provision

Cognizable offence
punishable with imprisonment for life, or
imprisonment which may extend to seven years and
with fine

Acts endangering sovereignty unity and integrity of India

Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.

Explanation
Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section.

Example:
Vijay, through videos posted on his instagram account, purposely attempts to excite armed rebellion and feelings of separatist activities. His anti-national acts will be covered under Section 152 BNS and he shall be liable to imprisonment for life, or imprisonment up to 7 years, along with fine. 

Acts Endangering Sovereignty, Unity, and Integrity of India (BNS-152)

1. What is the Offence?

This law criminalizes acts that threaten India’s sovereignty, unity, and integrity. It covers:

  • Secession: Encouraging any part of India to separate from the country.
  • Armed Rebellion: Supporting or inciting rebellion against the government.
  • Subversive Activities: Actions that undermine the government or promote separatist sentiments.

2. Key Elements of the Offence

  • Acts Covered:
    • Physical actionswords (spoken or written), signselectronic communications, and financial means that incite or attempt to incite secession or rebellion.
  • Intent: The act must be done purposely or knowingly to endanger India’s sovereignty, unity, or integrity.
  • Lawful Dissent: Expressing dissatisfaction with government actions or policies in a lawful manner does not fall under this section.

3. Punishment

  • Imprisonment for life, or
  • Imprisonment for up to 7 years, and
  • Fine.

4. Type of Offence

  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
  • Court: The case will be tried by the Court of Session.

5. Purpose of the Law

  • The law aims to protect national security and prevent activities that could harm India’s sovereignty, unity, or integrity.
  • It ensures strict penalties for those who incite or engage in acts of secession, rebellion, or subversion.

Summary of the Offence

OffencePunishmentCognizable/Non-cognizableBailable/Non-bailableCourt
Act endangering sovereignty, unity, and integrity of IndiaLife imprisonment, or up to 7 years imprisonment and fineCognizableNon-bailableCourt of Session