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LEGAL NEWS by Legal Soch Foundation
Writer - Shalini Mishra (Editor at Legal Soch Foundation)
Meta description - India's BNS Bill proposes sedition law reform with broader scope & enhanced penalties. Debate on free speech and government control ensues.
Keyword - Sedition law reform in India
The Indian government's recent unveiling of the Bharatiya Nyaya Sanhita (BNS) Bill, 2023, has sparked discussions about the fate of the sedition law. While Union home minister Amit Shah's announcement suggested a complete repeal of the sedition offense, a closer analysis of the bill reveals a more nuanced approach.
The BNS Bill aims to transform the criminal justice system and has been presented as a response to growing concerns over the misuse of the sedition law. However, contrary to initial impressions, the proposed changes retain elements of the sedition law under a different name — "Acts endangering sovereignty unity and integrity of India." This redefinition suggests a broader interpretation of offenses that might endanger the nation.
Drawing from recommendations made by the Law Commission of India in June, the bill suggests not eliminating the sedition law but rather reforming it. The penalty for these offenses could be escalated to up to seven years in prison, as opposed to the current maximum of three years, while life imprisonment remains an option.
The bill's timing coincides with an ongoing Supreme Court assessment of the constitutionality of Section 124A, the sedition law. Critics argue that this law has been misused to stifle dissent and curtail free speech. The proposed Section 150 of the BNS bill removes the option for only fines as a penalty for sedition, instead mandating imprisonment alongside fines.
Key adjustments in the draft include introducing "electronic communication" and "use of financial means" as methods to commit offenses endangering the nation's unity and sovereignty. The new wording broadens the scope of offenses to encompass encouraging separatist activities or armed rebellion. The language also allows law enforcement agencies greater discretion in interpreting what constitutes an offense.
Despite these amendments, the bill retains the stance that legitimate criticism of the government, as long as it doesn't incite rebellion or subversion, won't be classified as an offense. The debate surrounding these proposed changes centers on whether they effectively address concerns about misuse or introduce new possibilities for governmental control. As the bill advances, it will likely undergo further discussions and potential modifications.
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