BHARATIYA NYAYA SANHITA BILL, 2023

Historical Roots:

Sedition laws originated in 17th-century England, aiming to suppress unfavorable opinions about the government and monarchy.

Evolution in India:

• Originally absent from the Indian Penal Code (IPC) enacted in 1860.
• Introduced in 1870 as Section 124A through an amendment by James Stephen to address offenses against the government.

Sedition Law Today (Section 124A IPC):

• Defines sedition as using words, signs, or representations to bring hatred, contempt, or disaffection toward the lawfully established Indian government.
• Disaffection encompasses disloyalty and hostile sentiments.
• Excludes comments that don't incite hatred, contempt, or disaffection from constituting an offense.

Punishment and Consequences:

• Non-bailable offense.
• Penalties vary from imprisonment up to three years to a life sentence, with possible fines.
• Accused individuals are ineligible for government employment.
• Restrictions on possessing a passport and mandatory court appearances.

Sedition law in India, as outlined in Section 124A of the IPC, addresses actions aimed at stirring animosity or disloyalty towards the lawful government. While intended to safeguard public order, it raises discussions about the balance between expression and maintaining social stability.

3. Provisions of Section 150 in The Bharatiya Nyaya Sanhita Bill, 2023

Section 150 of The Bharatiya Nyaya Sanhita Bill, 2023 deals with offenses related to endangering India's sovereignty, unity, and integrity. While avoiding the term "sedition," it encompasses a wide range of actions that may incite secession, armed rebellion, subversive activities, or separatist feelings.

Scope:

• Encompasses various forms of communication: spoken or written words, signs, visible representations, electronic communication, and financial means.
• Targets those who purposely or knowingly incite secession, armed rebellion, or subversive activities, or encourage separatist sentiments.
• Aims to prevent acts that could jeopardize India's sovereignty and unity.

Punishments:

• Penalties range from life imprisonment to a maximum of seven years.
• Potential imposition of fines.

Exemption:

• Explanation clause: Expressions of disapproval of government actions, and seeking lawful alterations, are exempted if they do not incite the mentioned activities.

Contrast with Law Commission Recommendation:

• Broader scope: Encompasses a wider range of actions and means, including financial support.
• No explicit requirement for "tendency to incite violence" as recommended by the 22nd Law Commission.
• 22nd Law Commission's suggestion sought to include procedural safeguards and an expanded prison term.