Law Commission Recommends Legal Reforms to Curb Property Damage during Protests

February 5, 2024

The Law Commission has proposed updates to laws aimed at addressing the issue of damage to public and private property during blockades and protests. The main thrust of these recommendations is to introduce stricter penalties for individuals or organizations causing such disruptions, with fines matching the market value of the damage incurred.

Stricter Penalties for Damage

The Commission suggests that those responsible for property damage during protests should face fines equivalent to the damage’s market value. This move aims to make the perpetrators financially accountable for their actions, thereby deterring future incidents. Additionally, it is proposed that offenders must deposit an amount equal to the estimated damage value before they can be granted bail.

Impact of Blockades and Protests

The recommendations come against the backdrop of frequent and disruptive blockades, particularly by opposition parties and rights groups. These actions not only result in significant property damage but also disrupt public life. The Commission’s proposals seek to hold leaders and members of such groups accountable, potentially treating them as abettors of the offense.

Legal Framework Enhancements

To implement these changes, the Commission advises either the introduction of new laws or the amendment of existing ones, such as the Bharatiya Nyaya Sanhita. The aim is to ensure that protests are conducted responsibly and peacefully, without harm to public or private property.

Previous Efforts and Supreme Court Involvement

Despite the Prevention of Damage to Public Property Act of 1984, vandalism and property damage have persisted. The Supreme Court’s intervention led to the draft of an amendment bill in 2015, but progress stalled, and the issue remains unresolved. The Law Commission’s current proposals seek to reinvigorate efforts to curb property damage during protests.

About Law Commission

The Law Commission of India is an executive body established by the Government of India to recommend legal reforms. It conducts research and reviews existing laws to make recommendations for updating and improving them. The Commission aims to simplify complex legislation and enhance justice delivery. With over 3,000 reports submitted so far, the Law Commission has played a seminal role in the evolution and reform of law in independent India.

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