The provision of offences under the contentious sedition law that was put on hold by an order of the Supreme Court will be “completely repealed” in a new Bill that the Centre has brought in Parliament to replace the Indian Penal Code, Union Home minister Amit Shah said in the Lok Sabha on Friday.
The central government today introduced three bills to replace the Code of Criminal Procedure (CrPC), the Indian Penal Code, 1860, and the Indian Evidence Act in the Lok Sabha. The Bills, titled the Bharatiya Nyaya Sanhita Bill 2023, the Bharatiya Nagarik Suraksha Sanhita Bill 2023, and the Bharatiya Sakshya Bill 2023 will be sent to a parliamentary standing committee for further scrutiny, Shah said.
Also Read: Supreme Court puts sedition law on hold till Centre re-examines provisions
“The laws that will be repealed… the focus of those laws was to protect and strengthen the British administration, the idea was to punish and not to give justice. By replacing them, the new three laws will bring the spirit to protect the rights of the Indian citizen,” Shah said in Lok Sabha.
While the provision of offences under the term ‘sedition’ will be repealed, the Bill adds a new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity and integrity of India.
Also Read: Anatomy of the scandalous sedition law in India
“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 means, 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 Bharatiya Nyaya Sanhita Bill 2023 states.
On May 11 last year, a Supreme Court bench led by then Chief Justice of India stayed all proceedings in the sedition case and directed the police and administration against its use until the Centre re-examines the provisions of the law.
Also Read: Scrapping sedition law the only solution
“It is clear that Centre agrees that rigours of Section 124 A are not in tune with the current situation and it was intended for the time when the country was under colonial law. Thus, the Centre may reconsider it…The court is to balance civil liberty and sovereignty of the state. This is a difficult exercise,” ex-CJI Ramana said in his order to stay the sedition law.
“It will be appropriate not to use this provision of law till further reexamination is over. We hope and expect that Centre and State will desist from registering any FIR under 124A or initiate a proceeding under the same till reexamination is over,” he added.
Among other provisions, the Bill to replace the IPC also includes the provision of capital punishment in cases of mob lynching, 20 years to life imprisonment for gang rape and death penalty for rape of a minor.