Keywords- Stricter punishments, sedition, Law Commission of India, Section 124A IPC
Currently, Section 124A provides for life imprisonment or imprisonment upto 3 years. The Commission has suggested that the jail term of 3 years be enhanced to 7 years.
The Law Commission of India, headed by former Chief Justice Ritu Raj Awasthi, recommends keeping Section 124A of the Indian Penal Code (IPC) that deals with sedition. Also they suggest making certain changes to the provision to bring clarity and address concerns.
Currently, the punishment for sedition is either life imprisonment or imprisonment up to 3 years and increasing the maximum jail term to 7 years for the offense of sedition.
They argue that the punishment for sedition should be aligned with the severity of the act, as compared to other offenses. The Commission suggests amending the wording of Section 124A to include a tendency to incite violence or cause public disorder.
They also recommend that no FIR should be registered under sedition without a preliminary inquiry conducted by a police officer of a certain rank. Permission from the Central or State Government should be obtained before registering an FIR for sedition. They addresses arguments about other countries abolishing sedition laws, stating that India’s ground realities necessitate its retention.
They clarify that the aim of Section 124A is to penalize the dangerous tendency of inciting violence or causing public disorder, rather than curbing freedom of speech and expression.
Written by- Anjali Sudha, College name – Haridev law college, Kashipur, Semester- 6th sem an intern under Legal Vidhiya
