Law Commission Urges Strengthening of Sedition Law: Calls for Longer Jail Terms and Other Amendments

The Law Commission has submitted a report to the government, stating that the Sedition Law should not be scrapped and instead should be made more stringent. The Commission has recommended retaining Section 124A of the Indian Penal Code (IPC) with certain amendments. It suggests increasing the current jail term from three years to seven years in sedition cases.

 

The Law Commission argues that the Sedition Law is necessary to safeguard India's unity, sovereignty, and combat radicalization. It dismisses the notion that sedition is a colonial legacy, stating that the entire Indian legal framework is rooted in colonial history. The report comes amid the Supreme Court's request for a review of the Sedition Law.

 

The Commission acknowledges concerns about the misuse of Section 124A and proposes issuing model guidelines to curb such abuses. It also suggests incorporating a provision similar to Section 196(3) of the Code of Criminal Procedure, which would provide procedural safeguards before filing an FIR for an offense under Section 124A of the IPC.

 

The Law Commission emphasizes that other laws, such as the Unlawful Activities (Prevention) Act and the National Security Act, do not cover all elements of the offense specified in Section 124A of the IPC.

 

Previously, the central government had defended the Sedition Law in the Supreme Court but later expressed willingness to re-examine its rationality.

 

The government filed a fresh petition stating that Prime Minister Modi believes colonial-era laws should be scrapped as the country celebrates its 75th year of independence.

 

The Law Commission's recommendation to retain and strengthen the Sedition Law has sparked discussions about free speech and the balance between national security and individual rights.

 

The government will consider the report's findings and decide whether to implement the proposed amendments to the Sedition Law.

 

 

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