Law Commission says retain sedition law, increase jail term

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Law Commission says retain sedition law, increase jail term

Recently, the Law Commission of India has recommended the retention of the Sedition law in the country.

The Law Commission in its 279th Report has said that Section 124A relating to sedition law needs to be retained in the Indian Penal Code with some amendments.

Law Commission recommendations on sedition law –

  • Sedition being a colonial law cannot be a valid ground to repeal it.
  • Any person who contravenes this Act shall be punishable with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, or with fine.
  • On violation of sedition law FIR should be registered only after preliminary investigation and clearance from the government. For this, amendments should be made in Section-154 of the Code of Criminal Procedure.
  • Section-124A should be amended to bring the sedition law in line with the decision given in the Kedar Nath case (1962).
  • In the Kedar Nath case, the Supreme Court had ruled that before imposing this section on a person, his propensity to incite violence should be kept in mind.
  • Under this law, sedition is a cognizable, non-bailable and non-compoundable offence.
  • Life imprisonment (with or without fine) has been provided as the maximum punishment for sedition.
  • In May 2022, in SG Wombatkere Vs Union of India case, the Supreme Court ruled that all proceedings under the sedition law should be suspended until the central government reconsiders the provisions of the sedition law.

Source – Indian Express

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