'New Bottle, Old Wine': Experts on Bharatiya Nyaya Sanhita and Sedition Laws

"We are repealing sedition," said Home Minister Amit Shah as he moved the Bharatiya Nyaya Sanhita Bill, 2023.

(Photo: PTI)

Union Home Minister Amit Shah, on Friday, 11 August, said that the new bill proposed to replace the Indian Penal Code (IPC) will repeal the offence of sedition which is criminalised under IPC section 124A.

"Everyone has the right to speak. We are completely repealing sedition," said Shah, as he moved the Bharatiya Nyaya Sanhita Bill, 2023.

Lawyers and criminal law experts The Quint spoke to, however, argued that the new Bill has provisions for punishment for offences similar to those under the sedition law.

As per the new Bill, “An act which 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 will be punished under Section 150.”

"While they have dropped the term sedition, the new Bill lists similar offences under a new provision which deals with acts endangering sovereignty, integrity, and unity of India. Going by the terms used in the provision, it expands on the current offence of sedition even if the term is not used," said lawyer, research and PhD candidate at the University of New South Wales, Surbhi Karwa.

The proposed Bill is one of the three new Bills tabled by the Home Minister which are set to replace the IPC, the Code of Criminal Procedure (CrPC) and the Indian Evidence Act.

Currently, sedition draws a punishment of life imprisonment, or with imprisonment which may extend to three years. The new provision changes the three-year jail term to seven years.

What Does The New Bill Say About Sedition?

The new Bill has provisions for punitive action against offences similar to those under the sedition law.

These provisions have been retained under Section 150 with some changes.

(Photo: Screenshot/Bharatiya Nyaya Samhita Bill, 2023)

"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 new provision states.

Comments expressing a disapproval of the measures of the government 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.

'Nothing Really Changed': Experts on The New Bill

"When it comes to sedition, the new Bill is like old wine in a new bottle. If we look at the quantum of sentence, offences under section 150 draw a punishment of life imprisonment, or with imprisonment which may extend to seven years. Does this mean that a person will either be imprisoned for life or for seven years and nothing in between? What is the basis for this distinction? How will the court decide?" said Supreme Court advocate Chitranshul Sinha.

Naveed Ahmed, a senior resident fellow at the Vidhi Centre for Legal Policy in Bengaluru, said that the new Bill, in some ways is more poorly and vaguely worded than the sedition law in the IPC.

"This new offence subsumes all of sedition and even more. With sedition the problem was that it was enacted in a problematic context and was worded very vaguely. Section 150 in the new bill uses words like 'exites' 'encourages' and also words like 'feelings of separatist activities' and 'subversive activities'. These are very vague and that it's very difficult to determine what amounts to 'encouraging' or 'feeling' or even 'subversive activities', particularly when they have not been defined.”

Naveed Ahmed, Senior Resident Fellow at Vidhi Centre for Legal Policy

Lawyer and researcher Surbhi Karwa added that the provisions in the new Bill seem to go above and beyond those described in the sedition laws.

"Section 150 in the new Bill is using words such as '... someone who excites or attempts to excite, secession or armed rebellion or subversive activities'...now the problem is that basic principals of criminal law seem to not have been followed while drafting this. If you are making something an offence you need to tell what exactly the offence is. But words like 'subversive activities' or 'feelings of separatist activities' are broad and vague terms," Karwa said.