New Delhi: The Law Commission has recommended the continuance of Section 124A of the Sedition Act. The Commission has recommended the continuation of this 153-year-old law made by the British, saying that if it is removed, it can have serious consequences. Doing so can be worrisome for the security and integrity of the country. However, the Law Commission has recommended some amendments to the Act to develop a clear understanding of the status, interpretation and other things of its imposition.
The Law Commission, headed by former Karnataka High Court Chief Justice Ritu Raj Awasthi, said section 124A should be amended. Regarding this, we have to keep in mind the 1962 decision given by the Supreme Court in the Kedarnath case. In this decision, the Supreme Court had said that it should not be used to stop people from free speech. If it seems that a person has a habit that can incite violence, then such action can be taken against him as a precautionary measure.
In its recommendation, the Law Commission has said that under the sedition law, there is a provision ranging from three years to a maximum of life imprisonment. It can be amended and the punishment can be up to 7 years. Under Section 124A of the IPC, an accused can be arrested with a non-bailable warrant. Under this, if found guilty, the punishment can range from 3 years to maximum life imprisonment. However, questions have often been raised about this law from activists to legal experts.
The Law Commission in its recommendation has said that the sedition law helps in controlling anti-India elements and miscreants. The Commission said that if there is no sedition law, then action will be taken under various laws in cases of inciting violence against the government. There is a provision for even stricter action against those laws. It has been said in the report that many other countries have removed Section 124A. So we can't do that either. The conditions in India are different and we have to understand that reality.
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