Supreme Court Set to Re-examine Sedition Law on September 12
The Supreme Court is poised to hear a series of petitions on September 12, challenging the constitutional validity of the colonial-era provision of sedition under the Indian Penal Code (IPC). This hearing comes in the wake of the government’s recent proposal to introduce sweeping changes in criminal law.
Earlier, on May 1, these pleas were presented before the apex court. The hearing was deferred after the Centre indicated that it was in the “final stage” of consultation regarding the re-examination of the penal provision. stated that the government had initiated the process to re-examine section 124A of the IPC. The apex court, in its May 1 order, noted,
“R Venkataramani, Attorney General for India, states that in pursuance of the order dated May 11, 2022, the government has initiated the process of re-examining the provisions of section 124A of the Indian Penal Code, 1860, and consultations are at a substantially advanced stage.”
On August 11, in a landmark move, the Centre introduced three bills in the Lok Sabha, aiming to replace the IPC, CrPC, and the Indian Evidence Act. These bills propose the repeal of the sedition law and introduce a new provision with a broader definition of the offense. The Bharatiya Nyaya Sanhita Bill, which seeks to replace the IPC, introduces Section 150. This section avoids the term ‘sedition‘ but describes the offense as
“endangering sovereignty, unity, and integrity of India.”
The sedition law, encapsulated under section 124A of the IPC, was introduced in 1890, a significant 57 years before India gained independence. This law stipulates a maximum life imprisonment for creating
“disaffection towards the government.”
In May 2022, the Supreme Court issued a groundbreaking order, suspending the colonial-era penal law on sedition until an “appropriate” government forum re-examined it. The court also directed both the Centre and states not to register any new FIR invoking this provision. Consequently, all ongoing investigations, pending trials, and proceedings under the sedition law across the country were put on hold.
As the case continues to evolve, it remains to be seen how the apex court will address the concerns surrounding the sedition law, especially in light of the proposed changes in the criminal law.
