A three-judge bench of the Supreme Court headed by the then Chief Justice of India N V Ramana had on May 11, 2022, put the provision in abeyance instead of deciding on its validity.
This was after the Central government told the Court that it will re-examine and reconsider whether Section 124A needs to be retained.
In its report, the Law Commission said that “Section 124A needs to be retained in the Indian Penal Code, though certain amendments, as suggested, may be introduced in it by incorporating the ratio decidendi of Kedar Nath Singh v. State of Bihar so as to bring about greater clarity regarding the usage of the provision.”
Importantly, the Commission further recommended that the scheme of punishment provided under the Section be amended.
Currently, it 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 42nd Report of the Law Commission termed the punishment for Section l24Ato be very ‘odd’. It could be either imprisonment for life or imprisonment up to three years only, but nothing in between, with the minimum punishment being only fine. A comparison of the sentences as provided for the offences in Chapter VI ofthe IPC suggests that there is a glaring disparity in the punishment prescribed for Section 124A. 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.
Source: Barandbench
