Sedition to carry life term if it endangers unity and integrity of India.

Proposed Law Aims to Replace Sedition with Treason in Indian Penal Code

New Delhi: The Bharatiya Nyaya Sanhita, 2023, proposes to remove Section 124A of the Indian Penal Code, which deals with “sedition.” The new law, known as “deshdroh” (treason), aims to differentiate between criticism and peaceful protests against the government from subversion and armed rebellion against the state. Offenders under the existing sedition law face imprisonment for life or up to three years’ jail term, while the proposed law suggests imprisonment for life or a prison term of up to seven years.

Key Points:

• The Bharatiya Nyaya Sanhita, 2023, aims to replace Section 124A of the Indian Penal Code.
• The proposed law distinguishes between criticism and peaceful protests from subversion and armed rebellion.
• Offenders under the existing sedition law face imprisonment for life or up to three years’ jail term.
• The proposed law suggests imprisonment for life or a prison term of up to seven years.
• The new law will be known as “deshdroh” (treason) and not “rajdroh” (referring to the British crown).
• Home Minister Amit Shah announced the government’s proposal to repeal Section 124A.
• The Law Commission of India had recommended retaining Section 124A and increasing the jail term in sedition cases.
• The sedition law has been criticized as a colonial vestige and misused by governments to suppress freedom of speech.
• The Supreme Court had paused sedition trials and new FIRs under Section 124A for review.
• Between 2014 and 2021, 428 sedition cases and 634 arrests were recorded.
• Conviction rates for sedition cases ranged from 3.3% to 33.3% during this period.