The Law Commission of India said that “repeal of the legal provision could have serious adverse effects on the security and integrity of the country”. It has been emphasized that “repeal of the legal provision may have serious adverse implications for the security and integrity of the country.” Instead, the commission favored amending section 124A of the Indian Penal Code or IPC (sedition law) “so as to bring greater clarity in the interpretation, understanding and application of the provision.”
Law Commission Chairman wrote a letter to the Law Minister
The panel, in a report submitted to the government recently, said that in view of the misuse of section 124A of the Indian Penal Code (IPC), it recommends that the Center issue guidelines to prevent it. Justice Ritu Raj Awasthi (retd), Chairman of the 22nd Law Commission, wrote in the cover letter to Law Minister Arjun Ram Meghwal, “In this context, it is also suggested alternatively that the Code of Criminal Procedure, 1973 (CrPC) A provision similar to section 196(3) may be included in section 154 of CrPC as a rule to provide necessary procedural safeguards before registration of FIR under section 124A of IPC. ,
What is in the report of the Law Commission?
The report states that although Section 124A, which deals with sedition, is mandated to lay down certain procedural guidelines to prevent misuse by law enforcement officials, allegations of misuse of the provision do not mean that it should be repealed. The commission said that the “colonial legacy” of sedition is not a valid basis for its repeal. The Law Commission in the report noted that the existence of laws such as the Unlawful Activities (Prevention) Act and the National Security Act do not cover all the elements of the offense envisaged under section 124A of the IPC.
Repeal of ‘sedition’ law threatens India’s security and integrity: Law Commission
“Furthermore, in the absence of provisions such as section 124A of the IPC, special laws and anti-terror laws would be used against every expression that incites violence against the government,” said the report, titled “The use of the law of sedition”. which have far more stringent provisions for the accused.” It added that any alleged misuse of Section 124A of the IPC can be prevented by taking adequate procedural safeguards, but a complete repeal of the provision “The security and integrity of the country can be seriously affected and as a result, destructive forces can be given a free hand to pursue their nefarious designs.”
