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Which of the following is NOT an essential ingredient to constitute an offence under Section 152 of the Bharatiya Nyaya Sanhita, 2023 ?

  • A.The act must purposely or knowingly attempt to excite secession or rebellion.
  • B.The act must involve criticism of government policies to demand lawful change.
  • C.The act may be committed through spoken words, writing, signs, electronic means, or financial support.
  • D.The act must endanger the sovereignty, unity, or integrity of India.

Answer: B

The answer is The act must involve criticism of government policies to demand lawful change.

Section 152 of the BNS punishes acts that purposely or knowingly excite or attempt to excite secession, armed rebellion or subversive activities, or encourage separatism, or endanger the sovereignty, unity and integrity of India, whether by words, signs, electronic communication, financial means or otherwise.

Its Explanation expressly excludes comments that disapprove of government measures with a view to their alteration by lawful means. Criticism seeking lawful change is therefore not an ingredient of the offence at all; options A, C and D describe its elements and means.

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