Sedition recast: Analysing Section 150 of the BNS in light of the Right to free speech
Year: 2025
Type: article
Abstract: The replacement of Section 124A of the Indian Penal Code with Section 150 of the Bharatiya Nyaya Sanhita (BNS), 2023, has reignited the constitutional debate on sedition and freedom of expression in India. This paper examines whether the recast provision signifies genuine reform or a semantic continuation of colonial-era speech restrictions. Adopting a doctrinal and comparative constitutional methodology, the study analyses statutory language, legislative intent, and judicial precedents through the lens of constitutional proportionality and the chilling effect doctrine. It traces the historical trajectory of sedition from colonial jurisprudence to post-independence constitutional review, assessing the consistency of Section 150 with Articles 19(1)(a) and 19(2) of the Constitution. The paper applies the four-pronged proportionality test from Modern Dental College to evaluate the legitimacy, necessity, and reasonableness of the provision, supplemented by comparative perspectives from U.S., U.K., and South African free speech jurisprudence. The findings indicate that while Section 150 employs a redefined vocabulary, it preserves the expansive discretion that characterized the repealed sedition law, potentially perpetuating a chilling effect on dissent. The paper concludes by proposing judicial and legislative reforms that align national security concerns with constitutional liberties, underscoring the need for precision, procedural safeguards, and proportionality in speech regulation.
Author: Aman Sonkar
Institution: Indian Institute of Technology Roorkee
Language: English
Topic: Law, Rights, and Freedoms
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $1,180
OpenAlex ID: W4417291670