Apparently Our Home Minister had never read the Current Indian Penal Code and stupid Media needlessly will be parroting Mr. Shah's fake claims regarding IPC:
In this post I will stick to Home Minister Amit Shah's claim "Deshdroh" or "Offenses against The State" being added in this new Penal code and "Rajdroh" or "Offences against the crown" being removed.
What Mr. Shah does not know, all references to "King", "The Crown" were removed immediately after independence, when Nehru was the PM and Ambedkar was the law minister.
The Sedition section however remained, where the reference of crown was replaced by "Government of India" phrase.
By tweaking the Section Numbers, Mr. Shah can't hide facts. I will expose Mr. Shah and India's Dalal Media with help of Screenshots from Old Indian Penal Code, 1860 and comparing it with new proposed Bharatiya Nyaya Sanhita, 2023 with the bill's screenshot.
Mr. Shah claimed "Offences Against The State" or Deshdroh, as he said in Hindi did not exist in Present IPC. WRONG. He probably knew that as well .. Here is Chapter VI of Colonial era IPC, as Amend upto 2023, see the screenshot.
CHAPTER VI
OF OFFENCES AGAINST THE STATE
121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.
121A. Conspiracy to commit offences punishable by section 121.
122. Collecting arms, etc., with intention of waging war against the Government of India.
123. Concealing with intent to facilitate design to wage war.
124. Assaulting President. Governor, etc., with intent to compel or restrain the exercise of any lawful power.
124A. Sedition.
125. Waging war against any Asiatic power in alliance with the Government of India.
126. Committing depredation on territories of power at peace with the Government of India.
127. Receiving property taken by war or depredation mentioned in sections 125 and 126.
128. Public servant voluntarily allowing prisoner of State or war to escape.
129. Public servant negligently suffering such prisoner to escape.
130. Aiding escape of, rescuing or harbouring such prisoner.
And what great changes he made, Mr. Amit Shah, to this chapter, he changed the Chapter number and section number. As I will show, most sections are same the British wrote.
I'm not saying, Sections are same in essence and in semantics.. they are word by word, sentence by sentence exactly same, down to the punctuation marks.
So old Section 121 became new Section 147.
Old 121A became new Section 148.
Old 122 became Section 149.
Old 123 became Section 150.
Old 124 (originally written for Governor-general of India and other governors) became Section 151.
Old Sedition law Section 124A became Section 152.
Mr. Shah merely dropped the word Sedition and replaced it with "Act endangering sovereignty, unity and integrity of India".
Old law said (I'll copy paste below from PDF, in order to avoid mistakes) and turn the parts of the section in Bold and you will see how magically it transformes into the new Section of New Bill..
"Sedition.—Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in [India], shall be punished with 16[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity.
Explanation 2.—Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3.—Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section."
Even the explanation of new section 152 are copied from old Sedition law section 124A.
so BJP Government's proposed bill not only extended the draconian provision of sedition by adding explicitly, Electronic
Communication and by financial means .. but it also increased the nominal prison sentence to Seven years from present Three years.
Now BJP will say, "how can we tolerate threats to sovereignty, unity and integrity" as they had said earlier about Section 124A of IPC.
Problem with Sedition law wasn't that it wasn't helpful for a state, problem is that it is subject to variant interpretations. It showed fear of freedom of speech in the colonial power, after all, with bold words, both spoken and written by Indian freedom fighters gave India freedom in 1947.
We are now Independent and Free to assault our constitutional rights by making stupid renaming exercise of laws.
It doesn't end with Section 152 of new act from 124A.
Sections 125, 126, 127 of IPC is now Section 153, 154, 155 of Bharatiya Nyaya Sanhita.
Perhaps Amit Shah and company doesn't know, these 3 are genuinely Colonial era sections to protect "Then Princely States" and other colonies friendly to "British Crown Colonies"
Prisoner of War related sections of IPC ie 128, 129, 130 are now Sections 156, 157, 158.
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