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'New Bottle, Old Wine': Experts on Bharatiya Nyaya Sanhita and Sedition Laws

"We are repealing sedition," said Home Minister Amit Shah as he moved the Bharatiya Nyaya Sanhita Bill, 2023.

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Union Home Minister Amit Shah, on Friday, 11 August, said that the new bill proposed to replace the Indian Penal Code (IPC) will repeal the offence of sedition which is criminalised under IPC section 124A.

"Everyone has the right to speak. We are completely repealing sedition," said Shah, as he moved the Bharatiya Nyaya Sanhita Bill, 2023.

Lawyers and criminal law experts The Quint spoke to, however, argued that the new Bill has provisions for punishment for offences similar to those under the sedition law.

As per the new Bill, “An act which 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 will be punished under Section 150.”

"While they have dropped the term sedition, the new Bill lists similar offences under a new provision which deals with acts endangering sovereignty, integrity, and unity of India. Going by the terms used in the provision, it expands on the current offence of sedition even if the term is not used," said lawyer, research and PhD candidate at the University of New South Wales, Surbhi Karwa.

The proposed Bill is one of the three new Bills tabled by the Home Minister which are set to replace the IPC, the Code of Criminal Procedure (CrPC) and the Indian Evidence Act.
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