New BNS Section 152 'weaponised' against journalists, undermining press freedom
The article critically examines Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023, arguing that it replaces the draconian sedition law with an even worse provision, being "weaponised with impunity" against journalists. Former Supreme Court Judge Madan B. Lokur highlights that the new section, which penalizes acts endangering India's sovereignty, unity, and integrity, is vaguely worded and can be easily misinterpreted to stifle free speech. He points out the "freezing effect" on journalists, the financial burden of frivolous complaints, and the Assam police's alleged harassment of journalists Karan Thapar and Siddharth Varadarajan under this section. The author questions the constitutionality of Section 152 and the police's disregard for legal mandates, such as providing a copy of the FIR.
Key Points
- Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023, is criticized for being a more severe replacement for the repealed sedition law, potentially stifling free speech.
- The article argues that the vague wording of Section 152 allows for its "weaponisation" against journalists, leading to harassment and financial inconvenience.
- The author highlights the "freezing effect" on critical reporting, where any perceived misinterpretation could lead to charges of undermining national security.
- Concerns are raised about the Assam police's actions, including summoning journalists without providing FIR copies, in defiance of Supreme Court mandates.
- The piece questions the accountability of police officers and the state's respect for judicial judgments in cases involving press freedom.
Exam Facts
- Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023, is the focus of the article.
- Madan B. Lokur, a former Supreme Court Judge, is the author.
- The article mentions the case of Romesh Thappar (1950) regarding press freedom.
- Journalists Karan Thapar and Siddharth Varadarajan were accused under Section 152 BNS.
- The Youth Bar Association of India (2016) judgment on providing FIR copies is cited.
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