UPSC Prelims Practice Questions — Allahabad HC junks plea for sedition case against Rahul

Q1. Apart from imprisonment for life, up to how many years of imprisonment may be awarded under Section 152 of the Bharatiya Nyaya Sanhita, 2023, for acts endangering the sovereignty, unity and integrity of India?

  • A. Three years
  • B. Five years
  • C. Seven years
  • D. Ten years

Q2. Section 152 of the Bharatiya Nyaya Sanhita, 2023 enumerates the means by which the offence may be committed. Consider the following as such expressly enumerated means: 1. Words, spoken or written 2. Signs or visible representation 3. Use of financial means 4. Formation of an unlawful assembly of five or more persons Which of the above is/are NOT correctly identified?

  1. Words, spoken or written
  2. Signs or visible representation
  3. Use of financial means
  4. Formation of an unlawful assembly of five or more persons
  • A. 1 and 2
  • B. 3 only
  • C. 4 only
  • D. 2 and 4

Q3. Which one of the following remains the leading Supreme Court precedent that upheld the constitutional validity of India's sedition law while reading it down to cover only incitement to violence?

  • A. Romesh Thappar v. State of Madras (1950)
  • B. Kedar Nath Singh v. State of Bihar (1962)
  • C. Balwant Singh v. State of Punjab (1995)
  • D. S.G. Vombatkere v. Union of India (2022)

Q4. In Kedar Nath Singh v. State of Bihar (1962), the Supreme Court held that speech attracts the offence of sedition only when it involves which one of the following?

  • A. A tendency or intention to create public disorder by incitement to violence
  • B. Any strong criticism of the ruling government or its ministers
  • C. Expression of disaffection towards national symbols such as the flag or anthem
  • D. Advocacy of a change of government through the ballot in the next election

Q5. Consider the following statements about the evolution of sedition law in India: 1. The offence of sedition (Section 124A) was part of Lord Macaulay's original Indian Penal Code as enacted in 1860. 2. In Balwant Singh v. State of Punjab (1995), casual sloganeering without incitement was held not to be sedition. 3. The 22nd Law Commission (2023) recommended retaining the sedition provision with enhanced punishment. 4. The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Which of the above statements is/are NOT correct?

  1. The offence of sedition (Section 124A) was part of Lord Macaulay's original Indian Penal Code as enacted in 1860.
  2. In Balwant Singh v. State of Punjab (1995), casual sloganeering without incitement was held not to be sedition.
  3. The 22nd Law Commission (2023) recommended retaining the sedition provision with enhanced punishment.
  4. The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024.
  • A. 1 only
  • B. 2 and 3
  • C. 1 and 4
  • D. 3 only

Q6. Which one of the following Union ministries served as the nodal ministry that notified and coordinated the implementation of the Bharatiya Nyaya Sanhita, 2023?

  • A. Ministry of Law and Justice
  • B. Ministry of Home Affairs
  • C. Ministry of Parliamentary Affairs
  • D. Ministry of Personnel, Public Grievances and Pensions

Q7. With reference to the 2026 Allahabad High Court order refusing an FIR against Rahul Gandhi under Section 152 BNS, consider the following statements: 1. The petition before the High Court challenged an order of the Sambhal district court which had itself already refused to register an FIR. 2. The High Court held that the impugned speech explicitly called for offences under Section 152 BNS. 3. The High Court reasoned that criticism of government policy is essential in a parliamentary democracy. Which of the statements given above is/are correct?

  1. The petition before the High Court challenged an order of the Sambhal district court which had itself already refused to register an FIR.
  2. The High Court held that the impugned speech explicitly called for offences under Section 152 BNS.
  3. The High Court reasoned that criticism of government policy is essential in a parliamentary democracy.
  • A. 1 only
  • B. 1 and 2 only
  • C. 1 and 3 only
  • D. 1, 2 and 3

Q8. In refusing to direct an FIR, the Allahabad High Court in effect defined the threshold for an offence under Section 152 BNS as which one of the following?

  • A. The speaker must purposely or knowingly excite secession, armed rebellion or subversive activities; mere criticism is insufficient
  • B. Any speech that criticises a constitutional institution is always punishable once a complaint is lodged
  • C. The offence is made out only if the speech is proved to have actually caused a riot
  • D. The offence requires that the speaker be holding a public office at the time of the speech

Q9. The freedom of speech and expression, against which sedition-type laws are tested, is guaranteed by which one of the following provisions of the Constitution of India?

  • A. Article 19(1)(a)
  • B. Article 19(1)(b)
  • C. Article 19(2)
  • D. Article 21

Q10. Among the grounds listed in Article 19(2), which one is the primary ground invoked to justify penal laws directed against speech promoting secession or armed rebellion?

  • A. Sovereignty and integrity of India
  • B. Decency or morality
  • C. Friendly relations with foreign States
  • D. Contempt of court

Q11. With reference to the Supreme Court's May 2022 interim order in S.G. Vombatkere v. Union of India, consider the following statements: 1. Section 124A IPC was directed to be kept in abeyance pending governmental reconsideration. 2. Governments were directed not to register fresh FIRs under Section 124A. 3. Section 124A IPC was struck down as unconstitutional. 4. Pending trials and appeals under Section 124A were to be kept in abeyance. Which of the above statements is/are NOT correct?

  1. Section 124A IPC was directed to be kept in abeyance pending governmental reconsideration.
  2. Governments were directed not to register fresh FIRs under Section 124A.
  3. Section 124A IPC was struck down as unconstitutional.
  4. Pending trials and appeals under Section 124A were to be kept in abeyance.
  • A. 1 and 2
  • B. 2 and 4
  • C. 3 only
  • D. 1 and 3

Q12. Under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977, the Leader of the Opposition in the Lok Sabha is the leader of the party in opposition to the Government which has which one of the following?

  • A. The greatest numerical strength, recognised as such by the Speaker
  • B. At least one-third of the total strength of the House
  • C. The second-largest share of the popular vote in the general election
  • D. The support of a majority of all opposition members combined