BNS Series – Insight No. 3
Newly Added & Significant Provisions under the Bharatiya Nyaya Sanhita, 2023
Section 152, Bharatiya Nyaya Sanhita, 2023 - Acts Endangering the Sovereignty, Unity and Integrity of India
Section 152 of the Bharatiya Nyaya Sanhita deals with acts that threaten the sovereignty, unity, or integrity of India. It criminalises any act that excites or attempts to excite secession, armed rebellion, or subversive activities against the nation.
The provision is carefully worded to ensure that only acts having a real tendency to endanger national integrity are covered.
Importantly, lawful criticism of the government or its policies is expressly excluded from the scope of this offence. This reflects a constitutional balance between national security and freedom of speech.
From a legal perspective, Section 152 replaces Section 124A of the Indian Penal Code (Sedition) with a narrower and constitution-compliant offence, removing the colonial overbreadth associated with sedition.
Punishment
The offence is punishable with imprisonment for life, or imprisonment up to seven years, and fine.
Section 195(2), Bharatiya Nyaya Sanhita, 2023 - Assaulting or Obstructing a Public Servant while Suppressing a Riot
Section 195(2) addresses acts of assault or obstruction against a public servant when such public servant is engaged in maintaining public order. The provision applies when the public servant is suppressing a riot, preventing an unlawful assembly, or discharging official duties connected with public peace.
The focus of this section is to ensure that law enforcement authorities are able to perform their duties effectively, without facing violence or unlawful interference.
Punishment
The offence is punishable with imprisonment up to three years, or fine, or both.
Section 197(1)(d), Bharatiya Nyaya Sanhita, 2023- Imputations and Assertions Prejudicial to National Integration
Section 197(1)(d) criminalises the making of imputations or assertions that are prejudicial to national integration. The provision specifically targets speech or expressions that promote division or hostility among groups based on religion, race, caste, community, or language.
This section seeks to safeguard the unity and integrity of the nation by curbing divisive speech that has the potential to disrupt communal harmony and social cohesion.
Punishment
The offence is punishable with imprisonment up to three years, or fine, or both.
Section 226, Bharatiya Nyaya Sanhita, 2023 - Attempt to Commit Suicide to Compel or Restrain Exercise of Lawful Power
Section 226 introduces a specific offence relating to the misuse of suicide threats as a form of coercion. It applies where a person attempts to commit suicide with the intention to compel a public servant or restrain a public servant from exercising lawful authority.
The legal focus of this provision is not on penalising mental health distress, but on criminalising the coercive use of suicide threats to obstruct lawful public functions.
Punishment
The offence is punishable with imprisonment up to one year, or fine, or both.
Conclusion
These provisions under the Bharatiya Nyaya Sanhita, 2023 reflect a conscious legislative effort to modernise criminal law by
balancing constitutional freedoms, public order, and national integrity.
They are particularly relevant for judiciary aspirants, as they demonstrate the shift from colonial-era offences to narrow, purpose-driven criminalisation.