Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: August 2025

SUPREME COURT 'Colonial Sedition Law Brought Back': Plea In Supreme Court Challenges Constitutionality Of Section 152 BNS Case Details: S.G. VOMBATKERE Versus UNION OF INDIA W.P.(C) No. 720/2025 The Supreme Court today (August 8) agreed to consider the plea challenging the constitutional validity of S.152 BNS. The bench of CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria issued notice in the petition and tagged it with a pending matter in which the same provision is under challenge. The present petition states that the S.152 BNS virtually brings back the colonial provision on sedition law and contains vague language which may leave room for arbitrary discretion. "In effect, reintroduces the colonial sedition law previously codified as Section 124A of the Indian Penal Code, 1860, under a new nomenclature. Though the language is altered, its substantive content—criminalising vague and broad categories of speech and expression such as “subversive activity,” “encouragement of separatist feelings,” and acts “endangering unity or integrity of India”—remains the same or is even more expansive." Supreme Court Grants Interim Protection To 'The Wire' Editor In Assam FIR Under S.152 BNS Over Article On Operation Sindoor Case Title: FOUNDATION FOR INDEPENDENT JOURNALISM AND ANR. Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 316/2025 The Supreme Court on Tuesday (August 12) granted interim relief to the members of the Foundation running the online news outlet 'The Wire' and its Founding Editor Siddharth Varadarajan by protecting them from coercive action in an FIR registered by the Assam Police under Section 152 of the Bharatiya Nyaya Sanhita (BNS). The FIR was registered by the Morigaon Police on July 11 with respect to the article “IAF Lost Fighter Jets to Pak Because of Political Leadership's Constraints': Indian Defence Attache" published by The Wire in relation to the Operation Sindoor. A bench comprising Justice Surya Kant and Justice Joymalya Bagchi passed the interim order in a writ petition filed by the Foundation for Independent Journalism (the trust owning The Wire) and Varadarajan, challenging the constitutionality of Section 152 BNS, which the petitioners contended was a repackaged version of the colonial sedition law. The bench issued notice to the Union Government on the writ petition and tagged it with another petition which also questioned the validity of the provision. Supreme Court To Decide If S.223 BNSS Will Apply When Cognizance Is Taken Of Complaints Filed Before July 1, 2024 Case: Parvinder Singh v. Directorate of Enforcement | SLP (Crl) 12055/2025 The Supreme Court has issued notice on a petition which raises an important legal question whether Section 223 of the Bharatiya Nagarik Surakhsa Sanhita (BNSS) 2023 will apply when cognizance is taken after July 1, 2024, of complaints filed before July 1, 2024. The BNSS came into effect on July 1, 2024. As per the proviso to Section 223(1) of the BNSS, the accused must be given an opportunity to be heard before cognizance is taken of a complaint. Such a provision did not exist in the Code of Criminal Procedure (CrPC), which the BNSS replaced. The present issue arose with respect to a prosecution complaint filed by the Enforcement Directorate. While the complaint was filed on June 26, 2024, the Special Court took cognizance on July 2, 2024. The accused challenged the cognizance order, contending that it was illegal for not complying with Section 223 BNSS. Supreme Court Stays Coercive Action Against 'The Wire' Editor & Karan Thapar In Assam Police FIR Under S.152 BNS Case Title: FOUNDATION FOR INDEPENDENT JOURNALISM AND ANR. Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 316/2025 The Supreme Court today granted interim protection from arrest to online news portal-The Wire's Founding Editor Siddharth Varadarajan and Consulting Editor-Karan Thapar in an FIR registered by Assam police under Section 152 of the BNS. A bench of Justices Surya Kant and Joymalya Bagchi passed the order after taking up the matter following a mentioning by Senior Advocate Nitya Ramakrishnan. She submitted that after the Supreme Court granted interim protection to the petitioners in one FIR of the Assam Police, a summons was issued to them in another FIR. The Court ordered : "Post the matter on 15 September. Meanwhile, no coercive action shall be taken against petitioner No.2 (Varadarajan) and members of petitioner-Foundation, including the Consulting Editor (Karan Thapar), pursuant to FIR registered u/s 152 BNS subject to their joining and cooperating with investigation." Supreme Court Refuses To Entertain Journalist Abhisar Sharma's Challenge To Assam Police FIR U/s 152 BNS; Asks Him To Approach HC Case Title: ABHISAR SHARMA Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 338/2025 The Supreme Court today refused to entertain journalist...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: August 2025

Upasana Sajeev

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