The Law Commission of India has recommended that Section 124A of the Indian Penal Code (IPC), which deals with sedition, should be retained but with certain amendments. In its report submitted to the Law Ministry, the commission recommended greater clarity regarding the usage of the provision. It also suggested that a provision analogous to Section 196(3) of the Code of Criminal Procedure may be incorporated as a proviso to Section 154 of the Code of Criminal Procedure to provide a procedural safeguard before the filing of an FIR with respect to an offence under Section 124A of the IPC. The commission undertook a comprehensive study of the law relating to sedition and its usage in India, tracing its genesis and development. The constitutionality of Section 124A was challenged before the Supreme Court, which urged the central and state governments to refrain from registering any FIR or taking any coercive measures, while suspending all continuing investigations in relation to Section 124A.
Retention of Section 124A Dealing with Sedition in IPC Suggested by Law Commission in India
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