NEW DELHI: Despite the Centre announcing the removal of sedition law from the statute book, those charged with it can’t heave a sigh of relief as the Bharatiya Nyaya Sanhita (Bill), 2023, says it will not affect ongoing investigations or proceedings.
“This (sedition) was used by the British to suppress people. This is a free country and in a democracy people have freedom of speech,” Union Home Minister said while announcing that the law on sedition was proposed to be repealed under the Bharatiya Nyaya Sanhita (Bill), 2023, which has been referred to the Parliamentary Standing Committee on Home Affairs.
The SC had last year put sedition law on hold, pending a review. The Law Commission recently recommended retention of Section 124A of the IPC (sedition). However, the repeal of sedition law, as and when it happens, will not benefit JNU ex-student Sharjeel Imam and others facing sedition charges as Clause 356(2) saves ongoing investigations and proceedings from getting repealed.
It says, “Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect (a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or (c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or (d) any investigation or remedy in respect of any such penalty, or punishment; or (e) any proceeding, investigation or remedy in respect of any such penalty or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed.”
Clause 356(3) says, “Notwithstanding such repeal, anything done or any action taken under the said Code shall be deemed to have been done or taken under the corresponding provisions of this Sanhita.” However, Clause 150 of the new Sanhita prescribes “imprisonment for life or with imprisonment, which may extend to seven years and shall be liable to fine” for “acts endangering India’s sovereignty and integrity”.