Section 152 BNS — Criticism of Government Is Not Inciting Rebellion: Allahabad HC in Simran Gupta v. State of U.P.

This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.

Overview

In Simran Gupta v. State of U.P. and Another (2026 LiveLaw (AB) 255), Justice Vikram D. Chauhan of the Allahabad High Court rejected a petition seeking registration of an FIR against the Leader of Opposition in the Lok Sabha, Mr. Rahul Gandhi, over his “fight against the Indian State” remarks. The order was delivered on 1 May 2026.

The judgment is significant primarily for its reading of Section 152 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) — the provision that penalises acts endangering the sovereignty, unity and integrity of India — and for the line it draws between political criticism and inciting rebellion.

Background

The petitioner had earlier moved a Magistrate at Sambhal under the BNSS for registration of an FIR alleging that the impugned remarks constituted an offence under Section 152 BNS. The Magistrate declined the prayer. A revision was dismissed. The petitioner then approached the High Court.

The petition was decided alongside a connected matter (Simran Gupta v. State of U.P., 2026 LiveLaw (AB) 254) which dealt specifically with the appropriate remedy against the Sambhal court’s refusal.

Issues Considered

Whether mere “ideological opposition” or political criticism of the government can attract Section 152 BNS.
The threshold of material that a Magistrate must consider before directing registration of an FIR for an offence touching the sovereignty and integrity of India.
The constitutional framework within which Section 152 BNS must be read, particularly in light of Article 19(1)(a) and the Kedar Nath Singh line of authority on sedition under the erstwhile Section 124A IPC.

Holdings

1. Criticism of government action or policy is constitutionally protected. The Court observed that “criticism of government action or policies is not only permitted but essential” in a parliamentary democracy. Without the freedom to question the conduct of those in power, the constitutional scheme of representative government cannot function.

2. Ideological “fight” is not the same as inciting rebellion. The Bench drew a careful distinction between fighting an ideology and inciting rebellion against the State. Mere rhetorical opposition — even sharply worded — does not by itself amount to an act endangering the sovereignty, unity or integrity of India under Section 152 BNS.

3. No material on record to support the alleged offence. The Court found that the petitioner had placed no material to indicate that the impugned speech had, in fact, resulted in any of the consequences contemplated by Section 152 BNS — encouragement of separatist activity, excitement of subversive activities, or endangerment of sovereignty, unity or integrity. Without such material, neither the Magistrate nor the High Court could direct registration of an FIR.

4. The Magistrate’s refusal was upheld. The petition challenging the Sambhal Magistrate’s order was dismissed. The Bench clarified that an aggrieved private complainant retains the option to file a complaint case under the BNSS where the Magistrate is satisfied that an offence has prima facie been made out — but the threshold for directing FIR registration in offences of this nature is exacting.

Provisions Discussed

Section 152, Bharatiya Nyaya Sanhita, 2023 — penalises whoever, purposely or knowingly, by words, signs, visible representation or electronic communication, excites or attempts to excite secession, armed rebellion, subversive activities, or encourages feelings of separatist activities, or endangers the sovereignty, unity and integrity of India.
Article 19(1)(a), Constitution of India — freedom of speech and expression, subject to the reasonable restrictions in Article 19(2).
BNSS provisions governing registration of FIRs and direction by a Magistrate to investigate.

Significance

Section 152 BNS is the rough successor to the old offence of sedition under Section 124A of the Indian Penal Code, 1860, but its language is appreciably narrower — it focuses on acts that endanger sovereignty, unity and integrity, rather than on “exciting disaffection” against the government. Simran Gupta reinforces that the provision must be read consistently with Article 19(1)(a): political criticism, ideological opposition, and disagreement with the government’s policy choices are not, without more, criminal acts. Material indicating actual or imminent endangerment of sovereignty or unity is necessary before the criminal process is set in motion.

The judgment will be useful authority both for those seeking to register an FIR under Section 152 BNS and for those seeking to quash one, since it sets out the type of material a Magistrate is expected to look for before exercising power to direct investigation in such cases.

Useful Resources

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