Bharatiya Nyaya Sanhita, 2023

Section 152 BNS: Act Endangering Sovereignty, Unity and Integrity of India

Act No. 45 of 2023 • In force from 1 July 2024 • Last reviewed: 8 September 2026

Section 152 of the Bharatiya Nyaya Sanhita, 2023 criminalises specified acts done purposely or knowingly that excite or attempt to excite secession, armed rebellion or subversive activities, encourage feelings of separatist activities, endanger the sovereignty or unity and integrity of India, or involve such conduct. The section also expressly protects lawful criticism of Government measures or administrative action when it is directed to lawful change and does not excite or attempt to excite the prohibited activities.

Text of Section 152 of the Bharatiya Nyaya Sanhita, 2023

152. Act 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 do not constitute an offence under this section.

Meaning and Scope of Section 152 BNS

Section 152 is an offence against the State. It focuses on conduct that threatens or seeks to threaten the sovereignty, unity and integrity of India through specified forms of incitement, encouragement or participation.

The provision is not limited to speeches or printed material. Its language expressly covers spoken and written words, signs, visible representations, electronic communications, the use of financial means, and other methods. The section therefore applies to conduct carried out through both physical and digital channels when the statutory ingredients are present.

Mental element The conduct must be done purposely or knowingly.

Covered methods Spoken or written words, signs, visible representations, electronic communication, financial means or otherwise.

Targeted activities Secession, armed rebellion, subversive activities and separatist activities.

Protected national interests The sovereignty, unity and integrity of India.

Essential Ingredients of an Offence under Section 152

For Section 152 to apply, the facts must satisfy the language of the provision. In practical terms, the prosecution must rely on material showing both the required state of mind and conduct falling within the prohibited categories.

The act must be done purposely or knowingly.
The conduct may be carried out by words, signs, visible representation, electronic communication, financial means or another method.
The conduct must excite or attempt to excite secession, armed rebellion or subversive activities; encourage feelings of separatist activities; endanger the sovereignty or unity and integrity of India; or amount to indulging in or committing such an act.
Lawful criticism that falls within the statutory Explanation is excluded from the offence.

The expression "purposely or knowingly" is important because Section 152 does not merely describe a prohibited result; it expressly incorporates a mental element. Whether that requirement is proved will depend on the words, acts, context, surrounding circumstances and admissible evidence in the particular case.

Punishment under Section 152 BNS

Provision	Punishment
Section 152, Bharatiya Nyaya Sanhita, 2023	Imprisonment for life, or imprisonment which may extend to seven years, and fine.

The court determines the sentence in accordance with the facts of the case, the applicable law and established sentencing principles.

Lawful Criticism of Government Action is Expressly Protected

The Explanation to Section 152 is an important statutory safeguard. It provides that comments expressing disapproval of Government measures, administrative action or other Government action do not constitute an offence when the purpose is to seek alteration by lawful means and the comments do not excite or attempt to excite the activities prohibited by Section 152.

Key distinction: Mere criticism, disagreement or disapproval of Government policy is not, by itself, enough to constitute an offence under Section 152. The actual words, conduct, intention or knowledge, surrounding context and connection with the prohibited activities must be examined.

Commencement and Current Legal Context

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed 1 July 2024 as the commencement date for the provisions of the Sanhita, apart from the separately excluded provision of section 106(2) in the commencement notification. Section 152 therefore came into force on 1 July 2024.

Section 152 is distinct from the former offence of sedition under section 124A of the Indian Penal Code, 1860. The BNS does not reproduce section 124A under the same heading. Instead, Section 152 uses different statutory language centred on secession, armed rebellion, subversive or separatist activities, and acts endangering the sovereignty, unity and integrity of India.

Because Section 152 is a penal provision, its application depends on the precise statutory words and the facts alleged. Constitutional protections, including freedom of speech subject to lawful restrictions, may also be relevant where prosecution is based on speech, publication or electronic communication.