These pleas had come up on May 1 before the apex court which had deferred the hearing after the Centre said it was at an advanced stage of consultation on re-examining the penal provision
Judgments/OrdersUAPA - Watali Precedent Won t Apply If Evidence Is Of Low Probative Value On Surface Level Analysis: Supreme CourtCase title: Vernon v. State of MaharashtraCitation: 2023 LiveLaw.
During the recently concluded monsoon session in the Parliament, the Modi government introduced a bill that will repeal the offense of sedition which was a part of the criminal justice system made by the British.
That is excellent reasoning for a liberal democracy. Yet, the ghost of Section 124A of IPC 1860 - sedition - lingers in Section 150 of the BNS Bill. The intent of the two provisions is very different. Section 124A of IPC intends to suppress free speech. Section 150, on the other hand, of the BNS Bill is focused on national security, and attempts to balance individual liberty and national security. Part 7, Of Offences Against the State , in this section criminalises acts perceived to be endangering the sovereignty, unity and integrity of India.
The debate on draconian laws has picked up steam with human rights lawyers and activists claiming that the new penal code provisions under the Bharatiya Nyaya Sanhita, 2023 on terror charges, bail provisions, police custody and powers of search and seizure need to have wider consultations before they become a law.