Know All About Section 150, Which Will Replace Sedition Law

Home Minister Amit Shah on Friday introduced three bills in Lok Sabha to replace colonial-era laws, asserting that the proposed laws will transform the country's criminal justice system and bring the spirit to protect the rights of Indian citizens at the centre stage.

Shah also stated that the bill intended to replace the Indian Penal Code (IPC) will abolish the charge of sedition, currently criminalized under Section 124A of the IPC. Nevertheless, the newly proposed bill incorporates Section 150, which penalizes "actions that jeopardize the sovereignty, unity, and integrity of India" under the Bharatiya Nyaya Sanhita Bill, 2023.

The Current Sedition Law
As per Section 124A of the IPC, individuals who incite hatred or contempt towards the legally established government, or make endeavors to do so through speech, writing, gestures, visual representation, or alternative methods, may face either a life imprisonment term with the option of an accompanying fine, or a prison term that could reach up to three years along with a potential fine, or solely a fine as a penalty.

Section 124A of the IPC reads "Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law shall be punished with im­prisonment for life, to which fine may be added."

What Is Section 150?
In the new bill, the previous section has been substituted by provisions outlined in Section 150, addressing matters dealing with the activities that pose a threat to the sovereignty, unity, or integrity of India.

The section reads, "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 bill read.

It explains, "Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section."

The explanation for Section 150 adds: "The expression "disaffection" includes disloyalty and all feelings of enmity. Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section."

The other explanation states, "Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section."

In short, though the term sedition might have been eliminated, the legal provision persists and has, in numerous aspects, been intensified by rendering it punishable with either lifelong imprisonment or a seven-year jail term, coupled with the possibility of fines.