In the Lok Sabha on Friday, Union Minister Amit Shah announced that the forthcoming bill aimed at replacing the Indian Penal Code (IPC) will eliminate the charge of sedition, which is currently defined and criminalized under Section 124A of the IPC.
Presenting three bills for consideration – to substitute the IPC, the Code of Criminal Procedure (CrPC), and the Indian Evidence Act – the Minister highlighted that the proposed Bharatiya Nyaya Sanhita, 2023, intended to replace the IPC, will fully abolish the sedition offense as outlined in section 124A of the code.
However, the new legislation introduces Section 150, which penalizes “acts endangering the sovereignty, unity, and integrity of India.”
Section 150 of the Bharatiya Nyaya Sanhita reads as follows: Section 150 Bharatiya Nyaya Sanhita Section 150 Bharatiya Nyaya SanhitaBharatiya Nyaya Sanhita, 2023 On May 11, the Supreme Court had urged both the Central government and the States to refrain from filing any sedition cases under the mentioned provision.
During this time, the Central government, along with a bench consisting of the then Chief Justice of India, NV Ramana, and Justices Surya Kant and Hima Kohli, concurred that the strictures of section 124A were suited to the era of colonial rule.
Interestingly, the 22nd Law Commission of India, in April 2023, had recommended retaining Section 124A in the statute book, with certain revisions.
The Law Commission’s report stated that “Section 124A needs to be preserved in the Indian Penal Code, albeit with specific amendments, as proposed. This will incorporate the ratio decidendi of Kedar Nath Singh v. State of Bihar, enhancing clarity concerning the provision’s application.”
The IPC, initially formulated by the British in 1860, has stood as the foundation of the nation’s criminal justice system for over 160 years.
Now, it is poised to be substituted by the Bharatiya Nyaya Sanhita, 2023.
Similarly, the CrPC from 1973 will be replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Indian Evidence Act of 1872 will give way to the Bharatiya Sakshya Bill, 2023.
