Supreme Court Questions ‘Potentiality of Abuse’ of BNS Section 152

• The Supreme Court has raised concerns about the potential misuse of Section 152 of the Bharatiya Nyaya Sanhita (BNS), which punishes acts endangering India’s sovereignty, unity, and integrity.

• The question was raised by a Bench of Justices Surya Kant and Joymalya Bagchi, who raised the issue to Siddharth Varadarajan, a founding editor of The Wire, who is facing an FIR under Section 152 and other offences under the BNS.

• The Bench protected Varadarajan and the Foundation members from any coercive police action.

• The Supreme Court issued notice to the Union government and the State of Assam, represented by Solicitor-General Tushar Mehta.

• Justice Bagchi agreed that vagueness in a penal provision was a valid ground to challenge it.

• Justice Kant stated that a general list of acts endangering sovereignty could not be prepared by the court; it would depend on a case by case basis.

• The question was whether a challenge to a provision could be used as a ground to gain anticipatory bail or seek the quashing of an FIR under Section 438 of the Code of Criminal Procedure.

Supreme Court Questions Section 152 is important topic for Civil service exam (WBCS).

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