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Sedition law repealed or strengthened in a new form? What the new IPC Bill says

The new provision brings under its sweep acts aiding through financial means and acts of “subversive activities”, or those encouraging “feelings of separatist activities.”

Union Home Minister Amit Shah speaks in the Rajya Sabha during the Monsoon session of Parliament, in New Delhi, Monday, Aug. 7, 2023. (PTI Photo)

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Signaling a total overhaul of criminal laws in the country, Union Home Minister Amit Shah moved three new Bills to replace “19th Century Laws.”

Shah introduced the Bharatiya Sanhita Suraksha Bill, 2023 in Lok Sabha to replace the Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act, and referred the laws to a standing committee.

“From 1860 to 2023, the country’s criminal justice system functioned as per the laws made by the British. With these three laws there will be a major change in the criminal justice system in the country,” he said.

Significantly, he said that the law on sedition has been repealed. However, upon closer inspection, one can see that the crucial provision is only introduced under a new name with a wider definition of the offence.

The Bill, among other things, seeks to reinvent Section 124A of the Indian Penal Code that criminalises sedition as an offence “endangering sovereignty, unity and integrity of India.”

What is the proposed sedition law?

Section 150 of The Bharatiya Nyaya Sanhita Bill, 2023 deals with the offence of sedition. However, it does not use the word sedition but describes the offence as “endangering sovereignty, unity and integrity of India.”

It reads: “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.

Explanation.— 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.”

The new provision brings under its sweep aiding through financial means and acts of “subversive activities”, or those encouraging “feelings of separatist activities.”

This is wider than what the 22nd Law Commission recommended in June — to strengthen the provision by adding procedural safeguards and enhancing jail term. The Commission had recommended adding the words “with a tendency to incite violence or cause public disorder.” The report also defined tendency to incite violence as a “mere inclination to incite violence or cause public disorder rather than proof of actual violence or imminent threat to violence.”

What is the current law on sedition?

Section 124A of the IPC reads: 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 in, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.