Sedition law needs to be retained, but with safeguards: Law Commission
New Delhi, June 2: Section 124A of IPC dealing with Sedition needs to be retained in the Indian Penal Code, though certain amendments, so as to bring about greater clarity regarding the usage of the provision, the Law Commission of India has recommended in its report submitted to the Law Ministry.
"We further recommend that the scheme of punishment provided under the said section be amended to ensure that it is brought in parity with the other offences under Chapter VI of IPC," the Law Commission report further said.
Furthermore, taking into account the views expressed regarding the misuse of Section 124A, the Commission proposed that the central government provide model guidelines to prevent such usage.
In this context, it is also suggested that a provision similar to Section 196(3) of the Code of Criminal Procedure, 1973 (CrPC) be incorporated as a proviso to Section 154 of CrPC, which would provide the necessary procedural safeguard prior to the filing of an FIR for an offence under Section 124A of IPC.
The reasons for these recommendations have been discussed in detail in the enclosed report, and the Commission is certain that implementing them would go a long way towards addressing the issues associated with the use of this provision, the report added.
In the report titled "Usage of the Law of Sedition," Justice Ritu Raj Awasthi, chairperson of India's 22nd Law Commission, noted, "We undertook a comprehensive study of the law relating to sedition and its usage in India, tracing its genesis and development."
The Commission also analysed the history of sedition in colonial and independent India, the law on sedition in various jurisdictions, and numerous Supreme Court and High Court pronouncements on the subject.
According to the Law Commission Reporter, it received a reference from the Ministry of Home Affairs to study the application of Section 124A of the Indian Penal Code, 1860 (IPC) and make any necessary changes.
The constitutionality of Section 124A of the IPC was challenged in court.
The Union of India assured the Supreme Court that it was re-examining Section 124A and that the court should not waste its time doing so. In light of this, and in an order issued on May 11, 2022, the Supreme Court urged the central government and all state governments to refrain from filing any FIRs or taking any coercive measures, while also suspending all continuing Section 124A investigations.
It further ordered that all outstanding trials, appeals, and proceedings be kept in abeyance.
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