The Law Commission of India stated that “repeal of the statutory provision may have serious adverse effect on the security and integrity of the country” Law Commission of India on Sedition in India has recommended retaining the year-old colonial law, stressing that “the legal provision to be repealed may have serious adverse implications for the security and integrity of the country.” Instead, the commission referred to sections of the Indian Penal Code or IPC (sedition law) A “so as to bring greater clarity in the interpretation, understanding and application of the provision.”
Chairman of the Law Commission wrote a letter to the Law Minister
The panel, in its report submitted to the government recently, said that it is In view of the misuse of A, recommends that the Center issue guidelines to prevent it. 18th method Commission Chairman Justice Ritu Raj Awasthi (retd) 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, 875 (CrPC) section A provision like (3) of CrPC section 154 may be included as a rule, which section of the IPC Provide necessary procedural safeguards before registering an FIR under A. , What is in the Law Commission Report?
The report states that although the sedition section 154A is mandated to lay down certain procedural guidelines to prevent misuse by law enforcement authorities, but allegations of misuse of a provision do not mean that it should be repealed.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, IPC sections 153does not cover all the elements of the offense contemplated under A.
Repeal of ‘sedition’ law threatens India’s security and integrity: Law Commission
The report titled “Application of the Law of Sedition” stated, “Further, Section 6871 of the IPC a) In the absence of such a provision, every expression of incitement to violence against the government would be dealt with under special laws and anti-terrorist laws, with far more There are stringent provisions.” It states that the IPC section 97 Any alleged misuse of AK can be prevented by taking adequate procedural safeguards, but a total repeal of the provision “could have serious adverse impact on the security and integrity of the country and result in allowing subversive forces to pursue their nefarious designs”. You can get a free hand to move forward.’
Law Commission of IndiaPublished Date
Fri, Jun 2, 2023, 1: 51 PM IST
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