Criticising govt is not sedition, new criminal framework makes it clear

New Delhi: The government has clarified that the removal of the sedition section and penalizing the acts against the Country into the new proposed criminal framework will bring a lot of clarity and prevent its misuse by governments.

Government officials said criticising the government is not criticising India and the draft Bill has introduced this fundamental clarity in the statute.

They added that the new addition perfectly captures the emerging and existing security dynamics across the country.

For instance, separatist activities were nowhere expressively covered in penal sections earlier.

The officials said the use and misuse of sedition, since the time it was introduced by the British, has always been a potent instrument in the hands of the Government of the day. In Independent India, the Judiciary has from time to time made observations about this law and even went to the extent of ordering a review.

In the new laws, the existing offence of sedition which criminalises acts of hatred or contempt towards the Government established by law in India, has been repealed.
Comments expressing disapprobation of the measures or administrative actions of the Government, with a view to obtaining their alteration by lawful means, will now not constitute an offence under sedition.

The officials said an act of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity and integrity of India has been added to the Law.

The new section 150 in the Bhartiya Nyaya Sanhita 2023 states ‘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 shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine’.

The new Law also takes into account the fact that sometimes one may commit an act in any foreign country which is at peace with India. Sections 151-153 prescribe the punishment for such acts too. In section 151, ‘whoever wages war against the Government of any foreign State at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine’.

Similar punishment has been provided under section 152 for depredation. As per section 152, ‘whoever commits depredation, or makes preparations to commit depredation, on the territories of any foreign State at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation’.

As has been the focus of the new laws to impound the proceeds of crime and property owned by criminals for the actions committed by them, the property part finds a mention in section 153. The section lays that ‘whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 151 and 152, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received’.