The Indian Law Commission has recommended that Section 124A of the Indian Penal Code (IPC), dealing with sedition, should be retained. However, the commission suggests certain amendments could be introduced to bring about greater clarity regarding usage of the provision and stressed that sedition being a colonial legacy is not a valid ground for its repeal.
The Law Commission said it understands that people believe that Section 124A of the IPC is being misused. The commission said it recommends that model guidelines outlining how to prevent misuse be issued by the Centre.
The Commission’s Chairman, Justice Ritu Raj Awasthi (retd), said, 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 filing of an FIR with respect to an offence under Section 124A of IPC.
The commission said the sedition law has its utility in combating anti-national and secessionist elements as it seeks to protect the elected government from attempts to overthrow it through violent and illegal means. The continued existence of the government established by law is an essential condition for the security and stability of the state.
According to the letter, the Law Commission received a reference from the Home Ministry through a letter dated March 29, 2016, addressed to the Department of Legal Affairs in the Law Ministry for a study of the usage of the provision of Section 124A and suggest amendments if any.
