Law Commission backs sedition law, says Section 124A has utility in combating anti-national elements
In its report, the Law Commission has sought that the minimum jail term should be increased to 7 years. Presently, the offence is punishable with imprisonment of up to 3 years.
FollowLaw Commission of India, in its latest report to the Law Ministry, has sought the retaining of the sedition law (Section 124A IPC) and even suggested an enhancement in punishment.
In its report, the Law Commission has sought that the minimum jail term should be increased to 7 years. Presently, the offence is punishable with imprisonment of up to 3 years.
At the same time, the Commission recommends amendments to the section to bring more clarity.
The report recommends that Section 124A be amended as: 'Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India, with a tendency to incite violence or cause public disorder shall be punished with imprisonment for life, to which fine may be added, or with imprisonment if either description for a term which may extend to seven years, to which fine may be added, or with fine.'
The report says, 'Section 124A of IPC 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.'
Among the amendments suggested by the commission include one seeking the filing of FIR for the offence of sedition only after a preliminary enquiry by a police officer, not below the rank of Inspector, and after permission by the central government or the state government, as the case may be, on the basis of the preliminary enquiry report.
