By merely removing the word - ‘sedition’ from the Bharatiya Nyaya Sanhita (BNS) and the term seditious from the Bharatiya Nagarik Suraksha Sanhita (BNSS), do the new criminal laws outlaw sedition? The framers of the new criminal laws have ensured that provisions of the draconian section remain in the new criminal law with enhanced quantum of punishment, which is now increased to seven years from three years in IPC, and may also be liable to a fine, say advocates, social researchers and human rights activists. 

According to advocate Mohini Priya, advocate on record (AOR), Supreme Court, the removal of the word sedition from the Bharatiya Nyaya Sanhita (BNS) and its replacement with section 152, which criminalizes acts endangering the sovereignty, unity, and integrity of India, reflects a rephrasing rather than an elimination of the offence. “Both section 124 A of the IPC and section 152 of the BNS broadly interpret dissent, thereby potentially stifling free speech and democratic principles. The new provision, with its increased penalties and vague definitions of ‘subversive activities’ and ‘feelings of separatist activities’ poses similar risks of misuse as its predecessor, especially in the absence of judicial interpretation that previously limited section 124 A’s scope,” said advocate Mohini.