Repeal Of Section 124A Of The Indian Penal Code And Introduction Of Section 152 In The Bharatiya Nyaya (Second) Sanhita: A Comprehensive Analysis Of Sedition Law Reforms In India

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Shurbhi Kumar, National Law University, Delhi

ABSTRACT

Sedition law in India has forever been a contentious issue. The law was in force in the post-independence era, but now, with the advent of the new criminal law bill, The Bharatiya Nyaya (Second) Sanhita, Bill No. 173 of 2023, the section 124A of the Indian Penal Code, Act 45 of 1860 that defines and punishes sedition, stands repealed. However, a new section 152 has been added which, though does not mention sedition, but echoes the same offence with a wider and stricter criteria.

This research paper delves into the foundational concept of sedition, its evolution and implications in the modern world, particularly India and the reason for its repeal. The paper also analyses and compares the new section of 152 in The Bharatiya Nyaya (Second) Sanhita with the repealed section 124A of The Indian Penal Code. By drawing insights from various Supreme Court decisions, the paper thoroughly examines the age-old rhetoric to repeal the sedition law and how this ‘imperialistic’ rule was a perceived in the largest democracy of the world.

Keywords: Sedition law, Section 124A IPC, Bharatiya Nyaya (Second) Sanhita, Section 152, Criminal discourse

REPEAL OF SECTION 124A OF THE INDIAN PENAL CODE AND INTRODUCTION OF SECTION 152 IN THE BHA.

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