ABSTRACT
In light of the Supreme Court order to restrain the Central and State governments from taking any coercive action under Section 124A of Indian Penal Code, 1860 while Union government re-examines law of Sedition, Law Commission of India passed its 279th Report on “Usage of the law of Sedition” with its recommendations in April 2023. Further, on 11 August, 2023, the Union government introduced three new bills to replace the decades old criminal laws. Among many amendments, the Union Home Minister perspicuously declared that the law of sedition has been repealed without reservation under the Bhartiya Nyaya Sanhita (BNS), 2023. While this assertion came as a sign of relief for the champions of free speech and civil liberties, it has been short lived, as a similar provision, that is, Sec. 152 is found in the new act. Therefore, this paper aims to critically analyze the aforesaid provision taking into account the recommendations of Law Commission of India and whether law of sedition has been truly repealed or ostensibly and revamped into a prudent or perilous law.
