Adversitement
Law Commission Recommends Stricter Bail Conditions for Public Property Damage in India
Published On : 2024-02-03T11:09:43+0530 [ IST ] |
Author : Mayur_Tembhare
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India / New Delhi :
The Law Commission of India has proposed a significant legal reform, suggesting that individuals engaged in the destruction of public property should only be granted bail upon depositing an amount equivalent to the damage caused. The commission, led by retired Justice Rituraj Awasthi, emphasized the need for stringent measures to deter offenses under the Prevention of Damage to Public Property Act.
In a comprehensive report submitted to the Ministry of Law and Justice, the commission recommended the imposition of bail conditions requiring offenders to deposit the estimated value of the damaged public property. The report highlighted that fear of conviction alone might not be adequate to prevent destruction of public assets.
Furthermore, the commission urged the introduction of a comprehensive law to address issues arising from protests causing "wilful obstruction" and prolonged blockades of public spaces and roads. It suggested that organizers of demonstrations, hartals, or bandhs leading to damage of public property be held liable for abetment.
The report underscored the importance of public property as a foundation for a nation's infrastructure, crucial for economic and social development. Citing instances such as the Manipur violence, farmers' protests, and the 2013 Muzaffarnagar riots, the commission emphasized that such acts not only disrupt essential services but also hinder collective efforts aimed at fostering economic growth, social cohesion, and public welfare.
To address these concerns, the Law Commission conducted a thorough study, analyzing constitutional and statutory provisions, judicial pronouncements, and incidents of large-scale destruction of public property. The resulting recommendations include amendments to the existing Prevention of Damage to Public Property Act, 1984, and the proposal for a separate law or amendments to the Bharatiya Nyaya Sanhita or the Indian Penal Code to address prolonged obstruction of public property.
This proposed legal reform aims to strike a balance between ensuring public safety and deterring acts of vandalism, particularly during protests and demonstrations.
Source : India Today By Chingkheinganbi Mayengbam
Tags : PublicWelfare , PublicSafety , LegalNews , ProtestLaws , JusticeSystem , ConstitutionalReforms , InfrastructureProtection , LegalReform , LegalRecommendations , IndianLegalSystem , PublicPropertyDamage , PreventionOfDamageAct , LawCommissionIndia , SocialCohesion , BailConditions ,
Summary : The Law Commission of India, led by retired Justice Rituraj Awasthi, has proposed a significant legal overhaul to address the destruction of public property. The commission suggests stringent bail conditions, requiring offenders to deposit an amount equivalent to the damage caused, as a deterrent. Additionally, it recommends comprehensive laws to tackle wilful obstruction during protests and prolonged blockades of public spaces. The report emphasizes the importance of public property in national infrastructure and calls for amendments to the existing legislation. The proposed reforms aim to balance public safety and deter acts of vandalism during demonstrations and protests.
Adversitement