Mridull Thaplu
The sedition-related clauses of the Bharatiya Nyaya Sanhita Bill, 2023, have generated a great deal of discussion and controversy. The new criminal law bill has addressed sedition, a sensitive issue, but it is still unclear whether the adjustments they seek to make are sufficient and whether any gaps still exist.
According to Section 124A of the Indian Penal Code (IPC), sedition is defined as activities that instigate violence or spread hatred for the government. The concept is generally preserved in the new criminal law draft, but certain changes have been made to address issues and objections.
Included in the 2023 bill are certain requirements that must be completed before an act may be deemed seditious, which is one of the most significant improvements. With the help of these requirements, the law should be clearer and less likely to be abused. It stipulates that seditious conduct must directly call for violence or seriously endanger the stability of the community. This allays worries that the earlier definition of sedition was too vague and could be abused to muzzle dissenting voices.
The objectives of the Bill are in line with other significant court rulings, including the decision of the Supreme Court in Kedar Nath Singh v. State of Bihar (1962). The Court in this judgment supported the validity of the anti-sedition legislation but made it clear that dissent from the government without calling for violence did not constitute sedition. This jurisprudential shift is reflected in the Bharatiya Nyaya Sanhita Bill, 2023, which expressly excludes non-violent criticism from its scope.
The section that expressly preserves freedom of expression is another important improvement. According to the new legislation, criticism of the government, its policies, or its conduct is not seditious as long as it doesn’t promote violence or seriously endanger public order. This clause attempts to strike a balance between the need to protect national security and the fundamental right to free speech, which is an essential component of any democracy.
Even if these modifications are a positive move, concerns regarding the possibility of abuse still exist. The phrases “incite violence” and “substantial threat to public order” are criticized for being ambiguous and vulnerable to interpretation. This vagueness could potentially allow authorities to abuse the sedition statute. Therefore, a definition that is clearer and more exact and does not allow for subjective interpretation is required.
Lack of explicit protections against erroneous or malicious accusations of sedition is another issue. In the past, people who did not fit the legal requirements for sedition have nonetheless been accused of doing so for expressing divergent views. The new measure ought to have included clauses to discourage such baseless accusations and offer legal redress to those who abuse the law for their own benefit or that of others.
Sedition’s punishment is still up for debate. Those convicted guilty of sedition are currently subject to a maximum sentence of life in prison under the IPC. The 2023 bill encourages the courts to take into account less severe penalties, such as fines or shorter prison terms, depending on the particulars of each case, even though it leaves the maximum penalty same. However, there are worries that it may not go far enough to address the severity of punishment connected with sedition. This flexibility is meant to prevent too harsh sentencing.
In conclusion, the Bharatiya Nyaya Sanhita Bill, 2023 makes an effort to address some of the issues surrounding sedition by strengthening the law’s protection of free speech. However, it falls short in its efforts to eliminate ambiguity and the possibility of abuse. To make sure that the law achieves its intended goals without violating fundamental rights, clearer definitions and safeguards against false allegations are still required. The correct balance between individual liberty and national security must be struck, and while the measure is a beginning in the right direction, more work may be needed to perfect it.
(The author is from Rajiv Gandhi
National University of Punjab)
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