The Section 124A of the Indian Penal Code (IPC) dealing with sedition needs to be retained but certain amendments could be made for greater clarity regarding its usage, the 22nd Law Commission has said in its report to the government.
The commission said sedition being a “colonial legacy” is not a valid ground for its repeal but in view of the misuse of Section 124A, the panel has recommended that the Centre issue model guidelines to curb any misuse.
“In this context, it is also alternatively suggested that a provision analogous to Section 196(3) of the Code of Criminal Procedure, 1973 [CrPC] may be incorporated as a proviso to Section 154 of CrPC, which would provide the requisite procedural safeguard before filing of an FIR with respect to an offence under Section 124A of IPC,” chairman of the 22nd Law Commission Justice Ritu Raj Awasthi (retired) said in his covering letter to Law Minister Arjun Ram Meghwal.
