New Delhi, Aug 11 (FN Bureau) The Centre’s huge move of completely overhauling criminal laws in India also has a provision for replacing the colonial-era sedition law with Section 150 of the Bharatiya Nyaya Sanhita, which deals with “acts endangering sovereignty, unity and integrity of India”. In June, the Law Commission had strongly backed the sedition law and said it should be retained with changes linked to the circumstances of its use. Repealing Section 124A of the Indian Penal Code would be to “turn a blind eye to the glaring ground realities existing in India”, the Commission had said in its report. Significantly, the Commission had recommended that the punishment for sedition be increased from three years in jail to a life term or up to seven years in prison, which has been implemented in the bill introduced in the Lok Sabha by Home Minister Amit Shah today. The Bharatiya Nyaya Sanhita is meant to replace the Indian Penal Code of 1860. Section 124A of the IPC, which deals with sedition, 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 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.” Section 150 of the Nyaya Sanhita is longer and adds references to “secession”, “armed rebellion”, “subversive activities” and “separatist activities”.
The section 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 means, 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,” it says. The explanation for Section 150 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.”The explanations for the sedition section under the IPC read: “The expression “disaffection” includes disloyalty and all feelings of enmity. Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.” The third explanation states: “Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.” Stating that the objective is to replace British-era laws, Home Minister Amit Shah also introduced bills to replace Code of Criminal Procedure with the Bharatiya Nagarik Suraksha Sanhita and the Indian Evidence Act with the Bharatiya Sakshya. All three bills have been referred to a Standing Committee.