New bill replacing IPC will completely repeal sedition law: Shah

Under the sedition law, there were provisions for life imprisonment or a jail term up to three years; the new law extends it to seven years

Union home minister Amit Shah tabled three bills in the Lok Sabha on Friday, August 11, one of which, he claimed would ‘completely repeal’ the sedition law.

According to the Home Minister, the Bharatiya Nyaya Sanhita (BNS) Bill, which replaces the Indian Penal Code, completely seeks to repeal sedition. However, close scrutiny of the bill reveals other offences that offer punishment similar to that of sedition.

The bill lists new offences such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity and integrity of India.

As per the new provisions, “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.”

Under the sedition law, there were only provisions for life imprisonment or a jail term that could extend till three years.

Last year, the Supreme Court had put the the sedition law in abeyance, under Section 124A of the Indian Penal Code, while also asking state governments and the Centre to refrain from filing new cases under the rule till it was re-examined.

The BNS will also ensure that maximum capital punishment is awarded for crimes such as mob lynching and rape of minors, Shah added.

Among the two other bills tabled, the Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023, will become the successor of the Criminal Procedure Act, while the Bharatiya Sakshya (BS) Bill will replace the Indian Evidence Act.

All three bills will further be referred to a parliamentary panel for thorough examination, he added.

Speaker Om Birla referred the bills to a Parliamentary Standing Committee.

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