IPC ‘s Section 124 A, also called the sedition law, has been proposed to be struck off. A new offence including acts endangering the sovereignty, unity and integrity of India under (Section 150) has been added to the new Bharatiya Nyaya Sanhita (Bill), 2023.

The sedition law introduced formally by the British to suppress the Indian freedom struggle in 1870 became controversial after it was allegedly misused mostly against activists, journalists, and social media influencers in the 21st century. Is it the same old wine in a new bottle, or is there something more than meets the eye, let’s find out.

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Difference between the old sedition law and the new Bharatiya Nyaya Sanhita (Bill), 2023

1. Section 150 of the new Bill criminalises “acts endangering sovereignty unity and integrity of India”.

2. A key change in the draft Section 150 is to remove an old provision in which a person convicted of sedition could get away with a fine. Section 150 of the bill prescribes imprisonment for life or imprisonment which may extend to seven years, in addition to the fine, as punishment. So, in a way, punishment has been made more severe.

3. The name sedition law will go away and will be replaced by the new name Bharatiya Nyaya Sanhita (Bill), 2023. Section 124 A will be replaced by Section 150.

4. Words “disaffection towards the Government established by law in India” have been removed from the old Section 124A of IPC.

5. It directly targets secessionism, separatism, and a call for armed rebellion – words like “contempt” or “hatred” against the Government of India removed.

6. It also includes “electronic communication” and “use of financial means” as tools for perpetuating an act “endangering sovereignty unity and integrity of India.”

7. Earlier sedition law required very harsh words and some action like an example of uprising against the country. Under Section 150, merely words by themselves will attract the charge of having participated in anti-national activities.

8. Terrorism offences, organised crimes and criminal activities added in the new Act.

Loopholes in New Act

– Instead of making incitement to violence or disruption to public order a condition precedent to invoke the charges, the proposed Section 150 continues to criminalise any act that “excites or attempts to excite” secessionist activities or “encourages feelings of separatist activities.”

– Penalises a person who “indulges in or commits any such act”, vesting with law enforcement agencies a greater discretion to decide what can be brought within the fold of an act “endangering sovereignty, unity and integrity of India” for the purposes of slapping the charges.

– Section 150 takes in its purview almost everything, including a speech, a newspaper article, a book, a drama– everything that Section 124A of IPC currently penalises as sedition.

The exact words of the New Bharatiya Nyaya Sanhita (Bill), 2023

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 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.”

A terrorist is one who commits any act in India or in any foreign country with the intention to threaten the unity, integrity and security of India, to intimidate the general public or a segment thereof, or to disturb public order. There is also a provision for attaching the property of the terrorist. Crimes like armed insurgency, subversive activities, separatism, and challenging the unity, sovereignty and integrity of India have been defined in this law.

Will new Bharatiya Nyaya Sanhita (Bill), 2023 apply to old cases being tried under sedition law?

It shall not affect

(a) The previous operation of the Code so repealed or anything duly done or suffered thereunder

(b) Any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed

(c) Any penalty, or punishment incurred in respect of any offences committed against the Code so repealed

(d) Any investigation or remedy in respect of any such penalty, or punishment;

(e) Any proceeding, investigation or remedy in respect of any such penalty or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.

Old sedition cases still pending in courts

1. JNU ex-student Sharjeel Imam Case 2020

2. Toolkit case : State v. Disha A. Ravi (2021)

3. Patricia Mukhim v. State of Meghalaya (2021)
4. Zakir Hussain v. UT of Ladakh (2021) : Galwan valley clashes
5. Rajina Parbin Sultana v. State of Assam (2021)
6. Sikha Sarma v. State of Assam (2021)
7. Patit Paban Halder v. State of West Bengal (2019)

Law Commission says ‘No’ to repeal of sedition law

Two months ago, a Law Commission recommended the retention of Section 124A of the IPC (sedition). It favoured amending Section 124A “so as to bring about more clarity in the interpretation, understanding and usage of the provision”.

The commission said the sedition law, which carries a maximum punishment of life imprisonment or a punishment of three years, should be amended to enhance the alternative punishment to seven years, calling for giving the courts greater room to award punishment in a case of sedition in accordance with the scale and gravity of the act.