Rebooting the codes: The Hindu Editorial on the IPC, CrPC and Evidence Act
The HinduFew would disagree that laws require an overhaul from time to time so that they could be abreast of developments in technology and changes in society. In substance, the deletion of ‘sedition’ is welcome, and its apparent equivalent, the new Section 150, does not use overbroad terms such as promoting ‘disaffection’ against the government or bringing it into ‘hatred or contempt’. It criminalises promoting secessionism, separatism and armed rebellion, but it also targets ‘subversive activities’ and ‘endangering the sovereignty, unity and integrity of India’ — terms that should not be allowed to be misused. Another potentially misusable provision is in the new Section 195 : it penalises making or publishing “false or misleading information jeopardising the sovereignty, unity and integrity or security of India”. While ‘mob lynching’ and ‘organised crime’ are new sections, a significant omission is ‘hate speech’ even though defining it and punishing it have been under discussion for some years.