Under the Explanation to Section 152 of the Bharatiya Nyaya Sanhita, 2023 (Act endangering sovereignty,…

In Kedar Nath Singh v. State of Bihar (1962), a five-Judge Constitution Bench of the Supreme Court examined the scope of free speech under Article 19(1)(a) and reasonable restrictions in the interests of public order and the security of the State under Article 19(2) (in the context of former Section 124A IPC), holding that only acts or words having an intention or tendency to create public disorder or incitement to violence can be penalised, whereas strong criticism of Government measures to obtain their alteration by lawful means is protected. The Bharatiya Nyaya Sanhita, 2023 omits the colonial offence of sedition and enacts Section 152 to punish acts endangering the sovereignty, unity, and integrity of India (covering exciting or attempting to excite secession, armed rebellion, or subversive activities, or encouraging feelings of separatist activities, or endangering the sovereignty or unity and integrity of India), while its Explanation expressly provides that 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 that section do not constitute an offence under that section.