Increase jail term in sedition cases to 7 years: Law commission recommendation

Govt will take informed and reasoned decision, says law minister
Govt wants to make it more 'draconian', alleges Cong

PTI, 2 June, 2023, New Delhi : The Law Commission of India has recommended enhancing the jail term in sedition cases from a minimum of three years to seven years, contending that it would allow courts greater room to award punishment in accordance with the scale and gravity of the act committed.

In a report on the ‘Usage of the Law of Sedition’, the Commission said its earlier report had termed the punishment for Section 124A (law of sedition) of the Indian Penal Code (IPC) “very odd” as it has provisions for either life imprisonment or a three-year jail term, but nothing in between.

The minimum punishment under the sedition law is paying fine. “A comparison of the sentences as provided for offences in Chapter VI of the IPC suggests that there is a glaring disparity in the punishment prescribed for Section 124A,” the Commission said. Chapter VI of the IPC deals with offences against the state. “It is, therefore, suggested that the provision be revised to bring it in consonance with the scheme of punishment provided for other offences under Chapter VI. This would allow the courts greater room to award punishment for a case of sedition in accordance with the scale and gravity of the act committed,” the report said. The Commission also suggested changes to the phrasing of Section 124A and added words “a tendency to incite violence or cause public disorder”.

The current Section 124A of IPC reads as follows: “Sedition-Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in lndia, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.” 

However, the law commission has now recommended to alter the Section as: “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in lndia, with a tendency to incite violence or cause public disorder shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.” The Commission said the expression ‘tendency’ would mean mere inclination to incite violence or cause public disorder rather than proof of actual violence or imminent threat to violence.

Law commission chairman Justice Ritu Raj Awasthi (retd) had recently submitted the report to Union Law Minister Arjun Ram Meghwal.

The minister said the government will take an "informed and reasoned" decision on the Law Commission report and noted that recommendations in the document were "persuasive" but not "binding"."The law commission report on Sedition is one of the steps in the extensive consultative process. The recommendations made in the report are persuasive and not binding, "Meghwal said on Twitter. He said the final decision on the matter will betaken only after consulting all the stakeholders. "Now that we have received the report, we will also hold consultations with all the other stakeholders so that we take an informed and reasoned decision in the public interest," Meghwal said. 

However, the Congress on Friday accused the BJP government of planning to make it more "draconian" and giving a message ahead of the general elections that it will be used against Opposition leaders. 

Alleging that the BJP uses the sedition law as a tool of "subversing, subjugating, and silencing dissent", the Opposition party also asked why the government has not yet had the courage to do away with the law despite the apex court rendering it in operative and making strong observations in that regard. 

Addressing a press conference at the AICC headquarters here, Congress spokesperson Abhishek Singhvi said: "A message of colonial mindset has been given that there will be a distance between the ruler and the ruled and through this law, the foundations of the republic will be uprooted. 

A message has been given ahead of the general election that we will use this in a one-sided manner particularly against Opposition leaders." 

The Congress 'attack comes after the law commission backed the penal provision for the offence of sedition, saying repealing it altogether can have serious adverse ramifications for the security and integrity of the country. 

Singhvi said in a terrible, tragic, and treacherous development, the law commission has recommended that Section124A of the IPC should "not only be retained, but also made more harsh". 

"The BJP government now plans to become more draconian, drastic, and deadly than the colonial regime," he said. In an unpleasing development, the 22nd Law Commission of India has recommended that Section 124A of the Indian Penal Code (IPC), which criminalises sedition, should be retained in the statute book with certain and more "draconian changes", Singhvi said. 

"In a nutshell, the law commission proposal makes the existing sedition law far more draconian, invasive and prejudicial by enhancing the lower end of the punishment from three to seven years," he said.

It ignores the spirit of the Supreme Court proceedings in May and October last year which had rendered the entire offense of sedition in the country inoperative and clearly intended it tobe repealed, Singhvi alleged.

The Congress leader claimed that there was a "massive rise" in sedition cases since2014 with an annual rise of 28 per cent in sedition cases for the period between2014 and 2020, compared to the yearly average between 2010 and 2014.Singhvi said 12 sedition cases were filed during the pandemic against those who raised concerns over lack of ventilators, food distribution or handling of the issue of migrant labourers.

"In total, 21 sedition cases were filed against journalists. Since 2018,they have been arrested for report age on the farm laws, Covid-19, the Hathras gang rape, citizenship and for being critical of the government," he said.

Singhvi also said 27 sedition cases were filed against those who protested against the Citizenship Amendment Act, 2019 and the National Register for Citizens, while eight cases were filed against farmers protesting the now revoked farm laws.