The replacement of Section 124A IPC with Section 152 BNS represents a change in nomenclature rather than substance.

Q. The replacement of Section 124A IPC with Section 152 BNS represents a change in nomenclature rather than substance. (15 marks, 250-350 words)

The Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024, repealed the IPC and dropped "sedition", creating instead Section 152 on acts endangering India's sovereignty, unity and integrity [1]. The claim is largely valid on substance, though not wholly.

Continuity: the colonial core survives - Same conduct, new label — speech, signs, visible representation, electronic communication or financial means that excite secession, armed rebellion or subversive activities remain criminal; only the vocabulary of "disaffection" is retired [1]. - Vagueness persists — "subversive activities" is left undefined, reproducing the open-endedness that made 124A prone to misuse; the Standing Committee sought clarity on such terms [2]. - Harsher, not softer — punishment extends to life imprisonment or seven years, against three years under 124A [1], echoing the Law Commission's 279th Report (2023) recommendation to retain sedition with an enhanced term [3]. - Kedar Nath safeguard uncodified — the Supreme Court had confined sedition to speech with a tendency to incite violence or public disorder; Section 152, framed around sovereignty rather than public order, is not textually bound by that narrowing [2][3].

Discontinuity: real, if limited, gains - Government ≠ State — criticism of the "government established by law" is no longer the trigger; the offence targets the State's integrity, not the rulers of the day [1]. - Mens rea tightened — the act must be done purposely or knowingly [1]. - Protected criticism retained — the Explanation shields disapprobation seeking change by lawful means [1].

The shift is therefore substantive in framing but continuous in effect: a decolonised name attached to a wider, sterner provision. Aligning Section 152 with the Kedar Nath incitement test, statutorily defining "subversive activities", and sensitising police to Article 19(1)(a) would convert symbolic reform into genuine liberty, honouring the balance Article 19(2) itself envisages.

(~305 words)

Sources: 1. The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) — India Code — Section 152 text, conduct covered, mens rea, Explanation, punishment; commencement 1 July 2024 2. PRS Legislative Research — The Bharatiya Nyaya Sanhita, 2023 — sedition removed; "subversive activities" undefined; Standing Committee concern; SC's narrower public-order/incitement standard 3. Law Commission of India, 279th Report, "Usage of the Law of Sedition" (2023) — retention of sedition with punishment raised to seven years; Kedar Nath Singh incitement test