Union Home Minister Amit Shah introduced three Bills in the Lok Sabha on August 11.
The new Bills are Bharatiya Nyaya Sanhita (BNS) Bill, Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, and Bharatiya Sakshya (BS) Bill to replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and the Indian Evidence Act, 1872 respectively.
The BNS Bills propose repeal of the sedition law and introduction of a new provision with a wider definition of the offence.
First, let’s take a look at the old sedition law.
What is sedition?
• The offence of sedition, which was included in section 124A of the Indian Penal Code (IPC) in 1890, has been under intense public scrutiny for its use as a tool against expression of dissent.
• The offence of sedition is provided under Section 124A of the Indian Penal Code (IPC).
• It states: Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law shall be punished with imprisonment for life, to which fine may be added.
• Sedition is a non-bailable offence. Punishment under the law varies from imprisonment up to three years to a life term and fine.
• Between 2015 and 2020, 356 cases of sedition — as defined under section 124A of the IPC — were registered and 548 people arrested, according to data compiled by the National Crime Records Bureau (NCRB). However, only 12 people arrested in seven sedition cases were convicted in the six-year period.
• In the landmark order passed in May 2022, the Supreme Court had put the contentious law on hold till the Centre completed its promised review of the colonial relic and also asked the Union and state governments not to register any fresh case invoking the offence.
Alleged misuse of Section 124A of IPC
• It is often alleged that Section 124A of IPC is misused by the authorities to quell political dissent. The provision has invited stringent criticism on account of being invoked by various state governments against activists, detractors, writers, journalists and so on seeking to silence political opposition by accusing the dissenters of promoting disaffection.
• One of the major grounds of objection to Section 124A is that a forceful censure of government policies and personalities and stinging denunciation of an unresponsive or insensitive administration are in all likelihood wrongfully treated to be seditious.
• While the political class may be accused of misusing the sedition law, the root of the problem lies in the complicity of the police.
• The erroneous interpretation of the law on sedition by the police authorities is also what leads to its misuse. The invocation of Section 124A of IPC in any case solely depends on how the police whimsically interprets the language of this provision and the bearing that the alleged committed act has on public order.
• In June, the Law Commission proposed retaining the penal provision for the offence of sedition, saying repealing it altogether can have serious adverse ramifications for the security and integrity of the country.
What is Section 150 of proposed Bill?
• The offence of sedition has been retained under the proposed law with a new nomenclature.
• The Bharatiya Nyaya Sanhita (BNS) Bill, 2023 lists new offences such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity in Section 150.
It states that:
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 mean, 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.
The explanation for Section states that: Comments expressing disapprobation of the measures, or administrative or other action of the government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section.
