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Section 152 of the Bharatiya Nyaya Sanhita, 2023 punishes whoever, ________, by words, either spoken or…

Section 152 BNS opens with the words "Whoever, purposely or knowingly, ...". The mental element of the offence is therefore purpose or knowledge: the accused must act with…

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Section 152 of the Bharatiya Nyaya Sanhita, 2023 punishes whoever, ________, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means, 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. Which words correctly fill the blank?

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Section 152 BNS opens with the words "Whoever, purposely or knowingly, ...". The mental element of the offence is therefore purpose or knowledge: the accused must act with the object of, or with knowledge that the act will, excite secession, armed rebellion or subversive activities, encourage feelings of separatist activities, or endanger the sovereignty or unity and integrity of India. This is a different test from the former sedition offence (s.124A IPC), which turned on exciting disaffection towards the Government.

"Dishonestly" (intention to cause wrongful gain or wrongful loss, section 2(7)) and "fraudulently" (intent to defraud, section 2(9)) are mental elements of property and document offences, not of section 152. Negligence is not enough, because the section requires purpose or knowledge.

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