Law to replace IPC will completely repeal sedition but will criminalise endangering unity and integrity of India

Union Minister Amit Shah on Friday said in the Lok Sabha that the new bill to replace the Indian Penal Code (IPC) will repeal the offence of sedition which is criminalised under Section 124A of the IPC..The Minister tabled three bills to replace the IPC, the Code of Criminal Procedure (CrPC) and the Indian Evidence Act. He said that the Bharatiya Nyaya Sanhita, 2023, which will replace the IPC, will completely repeal the offence of sedition under section 124A of the code..However, the new bill contains Section 150 which punishes "acts endangering sovereignty unity and integrity of India". .Section 150 penalises: - exciting or attempting to excite secession or armed rebellion or subversive activities;- encourages feelings of separatist activities;- endangers sovereignty or unity and integrity of India;- or actually indulges in or commits any of the above acts..The explanation to Section 150, however, seems incomplete in the bill. .On May 11, the Supreme Court had asked the Central government and States to refrain from registering any cases for the offence of sedition under the provision. .The Central government and a bench of then Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli had agreed that the rigours of section 124A were intended for the time when country was under colonial law..Notaly, the 22nd Law Commission of India in April 2023 had recommended that Section 124A should be retained in the statute book with certain changes.In its report, the Law Commission said that "Section 124A needs to be retained in the Indian Penal Code, though certain amendments, as suggested, may be introduced in it by incorporating the ratio decidendi of Kedar Nath Singh v. State of Bihar so as to bring about greater clarity regarding the usage of the provision.".The IPC, which was framed by the British in the year 1860, has been the core of the criminal justice system of the country for more than 160 years.It is now set to be replaced by the Bharatiya Nyaya Sanhita, 2023.The CrPC of 1973 will be replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023.The Indian Evidence Act of 1872 will be replaced by the Bharatiya Sakshya Bill, 2023.