Section 150: In order to repeal the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, HM Amit Shah presented the Bharatiya Sanhita Suraksha Bill 2023 in the Lok Sabha and addressed the laws to a standing committee.
Introduction
Union Home Minister Amit Shah introduced three new bills aimed at replacing archaic “19th Century Laws,” signifying a comprehensive overhaul of the nation’s criminal legislation. The proposed Bharatiya Sanhita Suraksha Bill, 2023 was presented to the Lok Sabha, seeking to repeal and replace the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. Shah’s initiative has directed these laws to a standing committee for further review.
The Indian Penal Code, initially drafted by the British in 1860, has remained the cornerstone of the country’s criminal justice system for over 160 years. Notably, the contentious sedition law, embodied in Section 124A of the IPC, has been a subject of intense debate and criticism. With the evolving legal landscape, its potential repeal underscores the changing dynamics of India’s legal framework.
Which law would be replaced by which bill?
- The Bharatiya Nagarik Suraksha Sanhita, 2023, will take the place of the CrPC of 1973.
- With the Bharatiya Sakshya Bill, 2023, the Indian Evidence Act of 1872 will be repealed.
- Bharatiya Nyaya Sanhita would replace the Indian Penal Code in 2023.
Notably, he stated that the sedition law had been repealed. However, it is clear that the crucial part is only added with a new name and a more expansive definition of the offence. Among other things, the bill aims to rewrite Section 124A of the Indian Penal Code, which classifies sedition as an offence “endangering sovereignty, unity, and integrity of India.”
What does the proposed sedition law say?
Section 150 of the Bharatiya Nyaya Sanhita Bill, 2023 encompasses the offense commonly associated with sedition. Although the term “sedition” itself is not explicitly used, the provision outlines the act of “endangering the sovereignty, unity, and integrity of India.”
The section stipulates that any individual who intentionally or knowingly employs spoken or written words, signs, visible representations, electronic communication, financial means, or any other means to incite or attempt to incite secession, armed rebellion, subversive activities, or to promote sentiments of separatism, thereby posing a threat to the sovereignty, unity, and integrity of India, shall face punitive measures. Such measures include the possibility of life imprisonment or imprisonment for up to seven years, alongside potential fines.
What is the sedition law in effect right now?
According to Section 124A of the IPC, anyone who incites hatred or contempt regarding the government established by law, or attempts to do so through speech or writing, gestures, visible representation, or other means, will be punished with either a life sentence in prison, to which a fine may be added, or a sentence that may extend to three years in prison, to which a fine may be added, or with a fine.
- Explanation 1: The word “disaffection” encompasses all enmities and lack of loyalty.
- Explanation 2: Comments that criticise government actions with the aim of changing them through legal channels without inciting or attempting to incite hatred, contempt, or disaffection comply with this section’s prohibitions.
- Explanation 3: Comments that express disapproval of a government policy or other action without inciting or attempting to incite hatred, contempt, or disaffection adhere to this section’s regulations.
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