Merely donating towards the publication of a magazine of an organisation that the state may consider to be involved in seditious activities can invite the charge of “endangering sovereignty, unity and integrity of India” under the Bharatiya Nyaya Sanhita, a law scholar said.
The Bharatiya Nyaya Sanhita (BNS) that has replaced the Indian Penal Code from July 1 has, contrary to claims by the Union government, made people more vulnerable to sedition-like charges, said Faisal Fasih, an assistant professor of law at the West Bengal National University of Juridical Sciences (WBNUJS), on Saturday.
He was addressing a gathering of lawyers and students at The Bhawanipur Education Society College.
Section 152 of the BNS deals with an act endangering the sovereignty, unity and integrity of India.
According to this section, “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” can face up to life imprisonment.
“This section has broadened the scope of booking someone. The provision of financial means is new. Also, notice the use of the words ‘or otherwise’. It is a broad term and wide open for interpretation,” Fasih said.
“The use of the word sedition is not there in the BNS but legal scholars are of the view that Section 152 of BNS is an aggravated form of sedition law than what was in the IPC.”
Answering a question on whether a journalist writing a critical piece about the government can be booked under this section, Fasih said it was possible.
The law teacher was speaking at the Back to Classroom series lecture, organised by law firm Fox and Mandal, in collaboration with WBNUJS.
“None of our old and young lawyers have read the BNS and the other two new laws in their curriculum, but they need to know the laws before advising clients,” Debanjan Mandal, managing partner of Fox and Mandal, said while describing the objective behind organising the lecture.
Three new criminal laws — the BNS, the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) — came into effect from July 1. They replaced the IPC, the Code of Criminal Procedure and the Indian Evidence Act, respectively.
Fasih talked about Section 69 of the BNS, which deals with “sexual intercourse by employing deceitful means, etc”.
In the explanation of the section, it is stated that “deceitful means shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity”.
Fasih felt this explanation allows the scope to “purchase consent”.
“Suppose the promise of employment or promotion in work is fulfilled. It cannot be called a false promise. But is this free consent? This is akin to purchasing consent,” he said.
Some of the other features of the BNS include defining life imprisonment as the natural life of the convict in certain cases and limiting the power of remission available to the executive.
“We have seen how those convicted of the rape of Bilkis Bano were freed (before the BNS came into force). The BNS says that life imprisonment means the natural life of the person,” said Fasih.
This newspaper had earlier reported that some of provisions of the new criminal laws include increasing the maximum duration of police custody from 15 days to 90 days, which has raised fears of police excess and coerced confessions. The provision of legal aid from the point of arrest has been removed, which could hinder access to justice and fair legal representation.
