Colonial Legacy and Constitutional Tension: A Critical Study of Section 152 BNS    From Colonial Control to Modern Criminal Regulation

SAKSHI ALANG

Colonial Legacy and Constitutional Tension: A Critical Study of Section 152 BNS From Colonial Control to Modern Criminal Regulation

Author(s)	Ms. SAKSHI ALANG
Country	India
Abstract	In this article, I will analyse how Section 152 of the Bharatiya Nyaya Sanhita is being used in India to restrict freedom of speech rights and maintain public order. I will look at the way that police have been ordered to maintain order through this section as part of providing a means for maintaining colonial state domination. As part of this analysis, I will describe the manner in which Section 152 has been drafted. I will provide a summary of the manner in which this section has been applied by police and the manner in which it has been interpreted by courts. The finding indicates that there is a significant risk to freedom of speech rights due to how broadly Section 152 is written and also, due to the significant restrictions on police that exist in relation to arrest made under this section and on arrest made under bailable offences. Historical enforcement patterns, case law and examples of enforcement in other countries indicate that there are a number of long-standing issues with the manner in which Section 152 has been interpreted, including the use of vague language, an absence of clarity regarding its intention and an increasing potential for abuse. The author additionally discusses the measures that will be necessary to achieve fairness and justice in this area, including clearer drafting of police powers, proper protections of rights for citizens, checks and balances to ensure adjudication of actions taken by police, and oversight of everyone involved in the exercise of police powers. The paper concludes by stating that while Section 152 supports national security objectives, it should only be used in conjunction with the constitutional rights vested to an individual and that these rights will only be upheld through the principles of fairness, proportionality, and the rule of law.
Keywords	Section 152 BNS; Freedom of Speech; Article 19(1)(a); Constitutional Law; Public Order Regulation; Sedition Law Reform; Criminal Law India; Proportionality Doctrine; Mens Rea; Vagueness Doctrine; Chilling Effect; Preventive Detention; Judicial Review; Rule of Law; Comparative Constitutional Law; Digital Speech Regulation; State Power and Civil Liberties; National Security Law; Bharatiya Nyaya Sanhita
Published In	Volume 7, Issue 3, May-June 2026
Published On	2026-05-30

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Colonial Legacy and Constitutional Tension: A Critical Study of Section 152 BNS From Colonial Control to Modern Criminal Regulation

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