Saturday, November 2, 2024

Sedition Law to be repealed; the provision under the new Section 150.

The government introduced three new bills to end the British colonial era Indian criminal laws. It would repeal the sedition law, if passed. The Bhartiya Nyaya Sanhita Bill 2023 was one of three significant bills. It was introduced on Friday by Union Home Minister Amit Shah.

It would replace the Indian Penal Code of 1860 introduced by the British. Section 150 of the Bhartiya Nyaya Sanhita Bill 2023 is one of the most significant and noticeable alterations. Although the word “sedition” has been removed from the provision, the existing Law remains and is anticipated to be stricter.

Sedition Law- background and meaning 17th-century lawmakers believed that only positive opinions regarding the government should survive. Hence, they implemented sedition law. Thomas Macaulay, a British historian and politician, first drafted the statute in 1837; nevertheless, it was left when the Indian Penal Code (IPC) was enacted in 1860.In 1870, a new section, section 124A was introduced by Sir James Stephen when there was a need for a specific section to deal with the offence.Currently, Section 124A of the Indian Penal Code (IPC) makes sedition a felony.

The section 124A of the IPC states that—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.

However, this would get replaced by section 150 of the Bhartiya Nyaya Sanhita Bill, 2023. It lists provisions that conflict with or jeopardize the nation’s sovereignty, unity, and integrity.

This section states- “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.

Additionally, to learn more about the section 124A, visit- https://indiankanoon.org/doc/1641007/

To learn about section 150, visit https://www.livemint.com/news/india/what-is-section-150-all-you-need-to-know-as-govt-mulls-repeal-of-sedition-law/amp-11691798112300.html

Ever since section 150 has been introduced, this law has been the subject of discussion. In addition to the BNS Bill, two other bills have also been introduced. They would replace CrPc and Indian Evidence Act

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