The 22nd Law Commission has recommended significant changes in the law to deal with damage to public property on February 2, 2024.The Law Commission has submitted its report titled “Review of the Law on Prevention of Damage to Public Property” to the Government of India.Keeping in mind the seriousness of the issue and the loss it would cause to the country’s revenue, the Law Commission had taken suo motu cognizance of this issue.The report suggests measures ranging from tampering with evidence to imposing fines equal to the market value of damaged public property.
Highlights of 284th report
- People involved in damaging public property should get bail only after recovering an amount equal to the damage caused by them.
- The Commission has recommended amendments in the ‘Prevention of Damage to Public Property Act, 1984’.
It also recommended making new laws to deal with ‘intentional damage to public property’ as follows –
- by making a separate law
- Or by amending the Indian Penal Code, 1860
- or the newly enacted Indian Judicial Code (BNS),Amend in 2023
The Commission has based its report on the following incidents
- Muzaffarnagar riots of 2013
- Jat Reservation Movement of the year, 2015
- Patidar Reservation Movement of the year, 2016
- Bhima Koregaon protest of the year, 2018
- Anti-CAA movement of the year, 2018
- Agricultural Law Movement of the Year, 2020
- Violence spread after comments made on Prophet Mohammed in the year 2020
- Clashes in Manipur in the year 2023
Highlights of 285th report
- The Commission recommended retaining the offense of criminal defamation.
- Open speeches need to be balanced to protect individuals from malicious falsehoods, which cause irreparable damage to a person’s reputation.
- The matter was referred to the legal panel by the Law Ministry in August, 2017.
- This panel upheld the Supreme Court’s 2016 decision in ‘Subramanian Swamy vs. Union of India’.
- In this decision, the Supreme Court had upheld the constitutionality of the offense of criminal defamation.
- The Supreme Court had said that the right to freedom of speech and expression under Article 19(2) of the Constitution is subject to certain reasonable restrictions.
- The Indian Judicial Code has protected the interests of victims by making punishment for crime a matter of community service and has also reduced the scope for abuse by providing alternative punishment.
22nd Law Commission
- The 22nd Law Commission was notified on February 24, 2020.
- Its tenure was to end on February 20, 2023.
- On 22 February 2023, its tenure was extended till 31 August 2024.
- The Commission is headed by Justice Ruturaj Awasthi, retired Chief Justice of the Karnataka High Court.
Law commission
- The Law Commission is a non-statutory body.
- It is constituted from time to time by the Government of India.
- The first Law Commission was constituted in the year 1955 for a period of three years.
- It works as an advisor to the Ministry of Law and Justice.
- Its main function is legal research and review of existing laws in India.
- Its report helps the central government in making new laws.
- The Law Commission consists of a whole-time Chairman, one Member-Secretary and four whole-time members.
- The number of part-time members cannot exceed five.
- A retired judge of the Supreme Court or a retired Chief Justice of a High Court is the chairman of this commission.