Under the Explanation to Section 152 of the Bharatiya Nyaya Sanhita, 2023 (Acts endangering…
The Explanation to Section 152 of the Bharatiya Nyaya Sanhita, 2023 (which replaces the space formerly occupied by Section 124A of the Indian Penal Code, 1860, kept in…
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Under the Explanation to Section 152 of the Bharatiya Nyaya Sanhita, 2023 (Acts endangering sovereignty, unity and integrity of India), which reflects the constitutional protection of freedom of speech and expression under Article 19(1)(a), when do comments expressing disapprobation of the measures, or administrative or other action of the Government, NOT constitute an offence under that section?
Answer and explanation
Correct answer D
The Explanation to Section 152 of the Bharatiya Nyaya Sanhita, 2023 (which replaces the space formerly occupied by Section 124A of the Indian Penal Code, 1860, kept in abeyance by the Supreme Court in S.G. Vombatkere v. Union of India, 2022) expressly provides: "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 this section do not constitute an offence under this section." It does not require prior executive permission or parliamentary privilege, nor does it protect speech that purposely or knowingly excites secession, armed rebellion, or subversive activities.
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