Under section 152 of the Bharatiya Nyaya Sanhita, 2023, which of the following constitutes the offence…

Section 152 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes whoever, purposely or knowingly, by words, signs, visible representation, electronic communication, use of financial means or otherwise, excites or attempts to excite secession, armed rebellion or subversive activities, encourages feelings of separatist activities, or endangers the sovereignty or unity and integrity of India. The BNS has no offence of sedition (formerly s.124A IPC); s.152 is framed around the sovereignty, unity and integrity of India, not around feelings towards the Government.

Under the Explanation to s.152, 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 the section, do not constitute the offence. The Explanation thus excludes the first comment-based option, and comments that do not excite or attempt to excite any of those activities do not meet the ingredients of the offence in any case. Mere ill feelings or disloyalty towards the Government is not an ingredient of s.152 at all.