Home Minister Says Sedition Offence Will Be Repealed; New IPC Bill Criminalises "Endangering Unity & Integrity of India"

The Union Government today introduced three bills in the Lok Sabha aimed at replacing the core legal framework governing India's criminal justice system. The bills, introduced for consideration, seek to repeal and replace the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act (IEA).

Notably, the Home Minister Amit Shah indicated a major shift in the government's stance on the contentious issue of Sedition Law and stated that the proposed IPC replacement bill, known as the Bharatiya Nyaya Sanhita, 2023 (the Bill), would completely repeal the offence of sedition(Section 124A IPC).

Home Minister Shah, in his speech in Lok Sabha said–

"313 badlav hai maanyavar...Hamare criminal justice system ke andar amool chool parivartan hoga aur sabko zyaada se zyaada 3 saal mein nyay milega...isme police durupyog na kar paye, aisa bhi hai. Ismein Raj droh jaise kanoon ko nirast kar rahe hai."(There are 313 changes in the new bill...The entire criminal justice system will be completely overhauled and everyone will get justice in minimum three years... The bill will introduce that police does not miss use its power. Offences like sedition have been repealed.)

However, a detailed examination of the Bharatiya Nyaya Sanhita, 2023, tells a slightly different story.  Part VII of the Bill titled "Of Offences against the State" consists of Section 150 which criminalises "acts endangering sovereignty unity and integrity of India".

Section 150 states–

"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 as provided in the Section states–

"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."

Section 124A of the IPC, which currently criminalises the offence of sedition provides as under- 

"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 India, 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."

Comparing the two sections side by side show that the following key differences exist in the two sections–

1. Scope and Terminology: The terminology used in Section 150 encompasses a wider range of actions and behaviors. It explicitly addresses acts such as "exciting secession," "armed rebellion," "subversive activities," and "encouraging feelings of separatist activities". It also refers to acts which "endanger sovereignty or unity and integrity of India"- a widely worded term capable of multiple interpretations.   Section 124A of the IPC referred to acts "bringing into hatred or contempt" and "exciting disaffection" towards the government.

2. Punishment: Article 150 proposes punishment options, including "imprisonment for life" or "imprisonment which may extend to seven years," along with fines. In contrast, Section 124A of the IPC specifies punishment options of "imprisonment for life, to which fine may be added," or "imprisonment which may extend to three years, to which fine may be added, or with fine." Section 150 enhances the alternative punishment to 7 years imprisonment from 3 years imprisonment under Section 124A. This seems to be in tune with the recent recommendation of the Law Commission of India.

3. Intent & Activities: Under Section 150 of the Bill, the act of sedition must be carried out on purpose or knowingly. No such thing is mentioned under Section 124A of IPC. Further, Article 150 highlights the intent to "endanger sovereignty or unity and integrity of India," along with activities such as "indulging in or committing any such act." Section 124A of the IPC focuses on acts that bring disaffection towards the government.

4. Means of committing Sedition: Article 150 explicitly includes "electronic communication" and "use of financial means" as methods for committing the offenses, indicating a recognition of modern communication methods. Section 124A of the IPC does not specifically mention these aspects.

The Bharatiya Nagarik Suraksha Sanhita, 2023, which seeks to replace the CrPC provides with Section 127 as the corresponding provision for Section 150 of the Bill. Section 127 of Bharatiya Nagarik Suraksha Sanhita Bill provides with procedure for when an executive magistrate receives information concerning "dissemination of any seditious matters" as punishable under Section 150 of the Bill. 

The new CrPC also seeks to make Section 150 an offence which is triable by a Court of Session. The sedition offence was triable by a Court of Magistrate.

Challenge to sedition law in the Supreme Court

In May 2022, the Supreme Court had ordered that the 152-year old sedition law under Section 124A of the Indian Penal Code should be effectively kept in abeyance till the Union Government reconsiders the provision. In an interim order, the Court had also urged the Centre and the State governments to refrain from registering any FIRs under the said provision while it was under re-consideration.

It is interesting to note that the bench passed the order after observing the Union Government's stand that the colonial provision requires "re-consideration and re-examination" as the Government had agreed with the prima facie view expressed by the Court that the "rigours of 124A IPC isn't in tune with current social milieu and was intended for when the country was under colonial regime". 

In the last hearing in the batch of pleas challenging the sedition law, the central government had informed the Supreme Court that it was in the process of re-examining Section 124A of the Indian Penal Code and that the said process was in an advanced stage.

The three bills which have been introduced are–

- The Bharatiya Nyaya Sanhita, 2023 (to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto).

- The Bharatiya Nagarik Suraksha Sanhita, 2023 (to consolidate and amend the law relating to Criminal Procedure and for matters connected therewith or incidental thereto).

- The Bharatiya Sakshya Bill, 2023 (to consolidate and to provide for general rules and principles of evidence for fair trial).