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Business News/ News / India/  Law Commission asks to retain sedition law; proposes amendments for clarity
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Law Commission asks to retain sedition law; proposes amendments for clarity

In its report submitted to the government, the panel acknowledged concerns regarding the potential misuse of Section 124A.

The Commission said sedition being a 'colonial legacy' is not a valid ground for its repeal.Premium
The Commission said sedition being a 'colonial legacy' is not a valid ground for its repeal.

The Law Commission has expressed its opinion that Section 124A of the Indian Penal Code (IPC), which pertains to sedition laws, should be retained.

However, the commission suggests introducing certain amendments to enhance clarity regarding the application of this provision, as reported by PTI.

In its report submitted to the government, the panel acknowledged concerns regarding the potential misuse of Section 124A. Therefore, it proposes that the central government issue model guidelines to prevent such misuse.

"In this context, it is also alternatively suggested that a provision analogous to Section 196(3) of the Code of Criminal Procedure, 1973 (CrPC) may be incorporated as a proviso to Section 154 of CrPC, which would provide the requisite procedural safeguard before the filing of an FIR with respect to an offence under Section 124A of IPC," chairman of the 22nd Law Commission Justice Ritu Raj Awasthi (retd) said in his covering letter to Law Minister Arjun Ram Meghwal.

While it is imperative to lay down certain procedural guidelines for curbing any misuse of Section 124A of the IPC dealing with sedition by law enforcement authorities, any allegation of misuse of the provision does not by implication warrant a call for its repeal, the report said.

The Commission said sedition being a "colonial legacy" is not a valid ground for its repeal.

In its report submitted to Meghwal, the Law Commission also noted the existence of laws such as the Unlawful Activities (Prevention) Act and the National Security Act does not by implication cover all elements of the offence envisaged under Section 124A of the IPC.

"Further, in the absence of a provision like Section 124A of IPC, any expression that incites violence against the government would invariably be tried under the special laws and counter-terror legislations, which contain much more stringent provisions to deal with the accused," the report "Usage of the Law of Sedition" said.

It stressed that each country's legal system grapples with its own different set of realities.

"Repealing Section 124A of IPC on the mere basis that certain countries have done so is essentially turning a blind eye to the glaring ground realities existing in India," it said.

In his covering letter, Justice Awasthi recalled that the constitutionality of Section 124A was challenged before the Supreme Court.

"(The) Union of India assured the Supreme Court that it was re-examining Section 124A and the court may not invest its valuable time in doing the same."

In accordance with the aforementioned recommendations, the Supreme Court instructed the central government and all state governments to abstain from filing any First Information Report (FIR) or resorting to any coercive actions. Furthermore, the court ordered the suspension of ongoing investigations pertaining to Section 124A of the Indian Penal Code.

Further, it also directed that all pending trials, appeals, and proceedings be kept in abeyance.

The report highlighted that the offense of sedition is frequently regarded as a remnant of colonial rule, established during a time period when it was frequently employed against India's freedom fighters.

"However, going by that virtue, the entire framework of the Indian legal system is a colonial legacy. The police force and the idea of an All-India Civil Service are also temporal remnants of the British era.

"Merely ascribing the term 'colonial' to a law or institution does not by itself ascribe to it an idea of anachronism. The colonial origins of a law are by themselves normatively neutral. The mere fact that a particular legal provision is colonial in its origin does not ipso facto validate the case for its repeal," the panel said.

"Even though, in our considered opinion, it is imperative to lay down certain procedural guidelines for curbing any misuse of Section 124A of IPC by the law enforcement authorities, any allegation of misuse of this provision does not by implication warrant a call for its repeal," it said.

There are plethora of examples of various laws being misused by ill-intentioned individuals only to settle their scores in cases of personal rivalries and vested interests, with even the Supreme Court recognising the same in a number of decisions, it noted.

"Never has there been any plausible demand to repeal any such laws merely on the ground that they are being misused by a section of the populace. This is so because for every abuser of that law, there might be ten other genuine victims of any offence who direly need the protection of such a law," the report said.

What is then required in such cases is only to introduce legal ways and means to prevent the misuse of such a law, it said.

In the same vein, while any alleged misuse of Section 124A of IPC can be reined in by laying down adequate procedural safeguards, repealing the provision altogether can have "serious adverse ramifications for the security and integrity of the country, with the subversive forces getting a free hand to further their sinister agenda as a consequence," it stressed.

Additionally, the report highlighted that the Law Commission was tasked with studying the application of Section 124A and proposing amendments, if necessary, based on a reference received from the home ministry. This reference was communicated through a letter dated March 29, 2016, which was addressed to the Department of Legal Affairs within the law ministry.

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Published: 02 Jun 2023, 09:20 AM IST
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