Union Home Minister Amit Shah on Friday tabled the three most important bills of the Monsoon Session 2023 which is expected to overhaul India's criminal justice system and end the 'British-era rule'. Amit Shah tabled three bills which will replace the Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure (CrPC) with the Bharatiya Nagarik Suraksha Sanhita and the Indian Evidence Act with Bharatiya Shakshya Bill. Notably, the three bills tabled by the Union Home Minister will now be sent to the Parliamentary Panel for scrutiny as it may change how the Indian judicial system gives its verdict and a new chapter in the 'law' history of India. However, what raised everyone's eyebrows is when Amit Shah stated the 19th-century sedition rule will be repealed totally indicating that the bill presented is not an amendment but an overhaul change.Below is what Amit Shah said on repealing Sedition Law-
"From 1860 to 2023, the country's criminal justice system functioned as per the laws made by the British...The focus of those law was to protect and strengthen the British administration, the idea was to punish and not to give justice. The new three laws will bring the spirit to protect the rights of the Indian citizen," he said in the Lower House of Parliament...The aim will not be to punish, it will be to provide justice. Punishment will be given to create a sentiment of stopping crime," said Amit Shah adding, "This is a democracy. Everyone has the right to speak. We will completely revoke sedition.
For the unversed, the IPC was framed by the British in the year 1860. It has been the core of the criminal justice system of the country for more than 160 years. And sedition charges are criminalised under Section 124A of the IPC. Now, the question arises whether sedition law is really repealed in the new bill or it has been rebranded into another name. Let's understand in brief-
As per reports, Section 150 of The Bharatiya Nyaya Sanhita Bill, 2023 deals with the offence of sedition. Interestingly, it does not use the word sedition but describes the offence as “endangering sovereignty, unity and integrity of India.”
The Bill says, "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."
What does the existing sedition law say?
The existing sedition law says, "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."