Rajasthan high court last week observed that Section 152 of Bharatiya Nyay Sanhita (BNS) seems to be reintroducing Section 124-A of the Indian Penal Code (IPC) – the colonial-era sedition law – by another name.
“It criminalises acts or attempts that incite secession, armed rebellion, or subversive activities, or encourage separatist sentiments that threaten the country’s stability. Prima facie, it appears to be rather reintroducing Section 124-A by another name,” a single-judge bench of Justice Arun Monga observed, as reported by the legal news website Bar and Bench.
The court added: “It is rather debatable as to which of two provisions i.e. the one repealed [sedition] or the one reintroduced is more stringent.”
The judge said that legitimate dissent or criticism cannot be equated with sedition or anti-national acts.
The court was hearing the case Tejender Pal Singh vs State Of Rajasthan in which the petitioner was booked in July this year after he posted a video on Facebook expressing sympathy with pro-Khalistan MP Amritpal Singh.
The Narendra Modi government from July 1 this year replaced the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Evidence Act with the Bharatiya Nyay Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) respectively.
The observation by the Rajasthan HC judge flies in the face of claims by Prime Minister Modi and Union home minister Amit Shah that their government has scrapped the colonial-era sedition law.
“In Bharatiya Nyay Sanhita we have found a new directive for delivering justice,” Modi said in Hindi at the inauguration of the National Conference of District Judiciary at Bharat Mandapam in New Delhi in August this year.
“The focus of new criminal laws is to put citizens’ first and justice first. Our criminal laws have been freed from the shackles of colonialism. British laws like those dealing with sedition have been scrapped,” he had said.
While tabling the bills in Parliament, Union home minister Shah had said: "Everyone has the right to speak. We are completely repealing sedition.”
Rajasthan high court Justice Monga said that the provision of Section 152 is somewhat similarly worded to the Section 124-A of the IPC – the sedition law.
BNS Section 152 says: “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, 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 Rajasthan HC observed: “It appears to be rather reintroducing section 124-A (sedition) by another name..in cases involving Section 124A (sedition) of the repealed IPC, casual or rhetorical statements did not amount to sedition, unless, of course, they incite violence or public disorder.…Legitimate dissent or criticism cannot be equated with sedition or anti-national acts."
Justice Monga said that the explanation to Section 152 in the BNS provides safeguards.
"Explanatory provision thus provides the balancing act. It balances national security with individual rights, ensuring that lawful political dissent is not stifled under the pretext of maintaining sovereignty," the court reportedly stated.
The Telegraph Online had earlier reported that though the word “sedition” finds no explicit mention in the BNS but the law had been brought in through the backdoor.
The sedition law was enacted in 1870. Freedom fighters, from Bal Gangadhar Tilak to Mahatma Gandhi were charged under it.
Post 2010, the controversy over the sedition law picked up after author Arundhuti Roy (2012) and cartoonist Aseem Trivedi were charged under Section 124-A for their comments on Kashmir and cartoons respectively.