Introduction:
In this article, we will do comparison between Section 124A of the Indian Penal Code (IPC) and Section 152 of The Bharatiya Nyaya Sanhita (BNS) .
The Historical Limitations of Section 124A IPC:
Section 124A IPC, a colonial-era provision, primarily addressed disaffection against the government, often criticized for its potential misuse to suppress dissenting voices. The focus on stifling criticism directed at the ruling authorities sometimes led to the neglect of broader concerns related to the sovereignty, unity, and integrity of India as a nation.
Section 152 BNS: A Paradigm Shift:
The advent of Section 152 in BNS signifies a paradigm shift in legal thinking, moving beyond the narrow scope of Section 124A IPC.
Key Distinctions and Advancements:
1. Expansive Offense Scope:
Section 152 BNS, in contrast to Section 124A IPC, transcends the limited focus on disaffection against the government. It comprehensively covers acts endangering sovereignty, unity, and integrity, ensuring a more holistic approach to national security.
2. Emphasis on National Interests:
While Section 124A IPC emphasized protecting the government from disaffection, Section 152 BNS prioritizes safeguarding national interests, acknowledging that threats to sovereignty extend beyond dissent against ruling authorities.
Before the passing of Bharatiya Nyaya Sanhita, Union Home Minister, Amit Shah also emphasised on the point in parliament that the focus of legislature through this change is to give more focus to the crime of 'Deshdroh' than 'Rajdroh'.
3. Clear Intent and Purpose:
Section 152 BNS explicitly outlines its intent to prevent acts endangering sovereignty, unity, and integrity. This clarity reduces ambiguity and guards against potential misuse, a limitation often associated with Section 124A IPC.
4. Protection of Dissent within Legal Bounds:
Both provisions incorporate clauses protecting legitimate dissent expressed through lawful means. However, Section 152 BNS strikes a more delicate balance by ensuring the protection of individual freedoms while effectively addressing severe threats to the nation.
Conclusion:
Section 152 BNS addresses the shortcomings of its predecessor, Section 124A IPC. By shifting the focus from disaffection against the government to acts that endanger the sovereignty, unity, and integrity of India, it signifies a commitment to safeguarding the broader interests of the nation.
Modern Shift from Section 124A IPC – Safeguarding Sovereignty over Governmental Sentiments| Section 152 Bharatiya Nyaya Sanhita and Section 124A IPC differences
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