MOOT PROPOSITION
IN THE HON’BLE SUPREME COURT OF INDIA
WRIT PETITION (CRIMINAL) NO. 23 OF 2025
CASE TITLE:
People’s Voice Foundation v. Union of India & Anr.
1. Background & Facts of the Case
On January 26, 2025, a public protest was organized in New Delhi against the government’s
policies on border security, press freedom, and restrictions on political dissent. The protest,
attended by over 5,000 people, included students, activists, and opposition leaders.
During the event, Aarav Kapoor, a well-known activist and journalist, delivered a speech
criticizing the government’s actions in conflict zones and calling for mass mobilization against
state policies. His speech, widely shared on social media, included statements such as:
#“The government has turned into an oppressive regime.”
#“The people must rise and reclaim their rights.”
#“Democracy is being crushed, and if we don’t resist today, we will lose our freedoms forever.”
Though Kapoor did not explicitly call for violence, a section of protesters clashed with the police,
leading to injuries and property damage. Law enforcement claimed that Kapoor’s speech
contributed to the unrest, as slogans echoing his statements were raised by rioters.
On January 28, 2025, Kapoor was arrested by Delhi Police under Section 150 of the Bharatiya
Nyaya Sanhita, 2023 (BNS) (Endangering Sovereignty, Unity, and Integrity of India) and Section
124A of the Indian Penal Code, 1860 (Sedition), which, despite being under constitutional
review, is still in force. The government alleged that Kapoor’s speech incited disaffection against
the State and had the potential to destabilize public order.
Following his arrest, People’s Voice Foundation (PVF), a civil liberties organization, filed a writ
petition under Article 32 of the Constitution, challenging both the constitutionality of Section 150
BNS and Section 124A IPC as well as the legality of Kapoor’s arrest.
2. Issues for Consideration
1. Whether Section 150 of the Bharatiya Nyaya Sanhita, 2023, and Section 124A IPC violate the
fundamental right to free speech under Article 19(1)(a) of the Indian Constitution?
2. Whether the arrest and prosecution of Aarav Kapoor under these provisions violate his
fundamental rights under Articles 19 and 21?
3. What is the threshold for speech to be classified as sedition under Section 124A IPC and a
threat to sovereignty under Section 150 BNS?
4. Whether the doctrine of proportionality should be applied in interpreting sedition and national
security laws?
