Section 185 of the Bharatiya Nyaya Sanhita (BNS), 2023
๐น Section 185 โ Acts Endangering Sovereignty, Unity and Integrity of India
๐ธ Bare Text of Section 185, BNS 2023:
"Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial means, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine."
โ Detailed Explanation of Section 185 โ In Simple Terms
This section criminalizes certain acts that threaten the sovereignty, unity, and integrity of India, whether they are done through speech, writing, media, or electronic means.
๐น Essential Elements of the Offence
To understand it better, let's break it down:
| Element | Meaning |
|---|---|
| "Whoever, purposely or knowingly" | The act must be intentional or with knowledge, not accidental. |
| "by words, either spoken or written" | Includes oral or written statements โ speeches, articles, slogans, etc. |
| "by signs, or visible representation" | Covers gestures, posters, cartoons, banners, etc. |
| "or by electronic communication" | Includes social media, emails, videos, memes, etc. |
| "or by use of financial means" | Providing funds or financial support to such activities. |
| "or otherwise" | A broad term to cover any other form of action not explicitly listed. |
| "excites or attempts to excite" | Trying to provoke or stir up certain activities (listed below). |
| "secession" | Supporting the breaking away of any part of India. |
| "armed rebellion" | Encouraging or starting a violent uprising against the Indian state. |
| "subversive activities" | Undermining or trying to destabilize the government or its authority. |
| "separatist activities" | Promoting separation based on region, religion, language, etc. |
| "endangers sovereignty or unity and integrity of India" | Any act that puts at risk India's independence, territorial integrity, or constitutional unity. |
๐น Punishment
Imprisonment for life, or
Imprisonment up to 7 years,
And also liable to fine.
This makes it a serious cognizable and non-bailable offence, usually triable in a Sessions Court.
โ ๏ธ Important Points
Intention or knowledge is essential:
Mere expression is not punishable unless it is done purposely or knowingly to provoke dangerous activities.
Protection of national interest:
The section aims to protect India's sovereignty and unity, especially in today's context of digital propaganda, separatist funding, or terrorist instigation.
Does not restrict reasonable criticism:
There's a clear difference between legitimate dissent or protest (which is lawful) and inciting rebellion or separatism (which is criminal).
๐ Example Situations
โ Not punishable:
A citizen criticizes a government policy on social media peacefully.
A journalist publishes an article discussing the history of regional movements.
โ Punishable under Section 185:
A person posts a video encouraging a region to take up arms and separate from India.
Someone funds a group involved in armed rebellion.
A group circulates material online calling for disintegration of the Indian state.
๐ง Summary
Section 185 of the BNS, 2023 makes it a serious offence to intentionally promote or attempt to promote secession, armed rebellion, or any act that threatens the sovereignty, unity, or integrity of India โ through words, media, money, or any other means.
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