Lok Sabha Question No. 2995 (UNSTARRED), answered on 2024-08-09
Subject: Law of Sedition
Ministry: LAW AND JUSTICE
Asked by: Shri Vishaldada Prakashbapu Patil

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF LEGAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2995 TO BE ANSWERED ON FRIDAY, THE 09/08/2024

## Law of Sedition

2995.    Shri Vishaldada Prakashbapu Patil:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) the plans to implement the recommendations given by Report No. 279 on the 'Usage of the Law of Sedition' by the 22nd Law Commission of India;

(b) whether the Government sought or plans to seek any representations from the public/other stakeholders  in  addition  to  the  Law  Commission  Report  while  preparing  amendments  to section 124-A, if so, the details thereof; and

(c) the number of FIRs registered under section 124-A of the Indian Penal Code despite the stay order on the provision by order of the Supreme Court of India dated May 11, 2022 in the S.G. Vombatkere vs. Union of India case?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

(a)  and  (b)  After  wide  ranging  consultations  with  various  stakeholders,  and  detailed examination  of  the  suggestions  received,  Indian  Penal  Code,  1860,  Code  of  Criminal Procedure,  1973  and  Indian  Evidence  Act,  1872  have  been  repealed  and  The  Bharatiya Nyaya Sanhita, 2023 (BNS), The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and The Bharatiya Sakshya Adhiniyam, 2023 (BSA) as passed by the Parliament have been notified in the  Gazette  of  India  on  25th  December,  2023.  The  provisions  of  the  BNS,  except  the provision  of  sub-section  (2)  of  section  106,  the  BNSS,  except  the  provisions  of  the  entry relating to section 106(2) of BNS in the first schedule, and the BSA, have come into force from 1st July, 2024. In BNS, 2023, the provisions relating to sedition in section 124-A of IPC have been deleted.

However,  a  new  offence  related  to  act  of  endangering  sovereignty,  unity  and  integrity  of India has been introduced in BNS, 2023 in section 152 which is reproduced below: -

Section 152 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 .

(c)  The  Hon'ble  Supreme  Court  of  India  in  its  judgement  dated  May  11,  2022  in S.G.Vombatkere vs Union of India (2022) 7 SCC 433 has held that the State and Central Governments will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC, while this provision is examined by the Government.