Law Commission Submits Report on Public Property Damage

The 22nd Law Commission of India has submitted its Report No. 284 titled “Revisiting The Law On Prevention of Damage to Public Property” to the Government of India. The destruction of public property has continued undiminished causing gargantuan losses to the public exchequer and inconvenience to the general public. Bearing in mind the gravity of the issue and the loss being borne by the state exchequer, the 22nd Law Commission suo motu undertook to prepare this Report. In pursuance of the same, the Commission undertook an extensive study of the subject, analyzing the various relevant constitutional and statutory provisions, the numerous judicial pronouncements by the courts across the country, and the incidents involving large scale destruction of public property. Having had in-depth deliberations on the same, the Commission has recommended amendments in the Prevention of Damage to Public Property Act, 1984. The Commission also recommends that to tackle the issue of prolonged willful obstruction of public property, a separate law dealing with the same may be enacted or necessary amendments be made in the Bharatiya Nyaya Sanhita or the Indian Penal Code to this effect.

Key Recommendations to Amend Laws

The 22nd Law Commission has recommended several key changes to tackle damage to public property more effectively. These include:

• Reversing the burden of proof so that the accused has to prove they are innocent
• Introducing fines equal to the market value of damaged public property
• Making offenders deposit estimated value of damaged property for bail
• Enacting new laws to address willful obstruction of public property

Incidents Highlighting Need for Stronger Laws

The report cites many recent incidents of public property damage to emphasize the need for stronger laws, including:

• 2013 Muzaffarnagar riots
• 2015 Jat quota agitation
• 2016 Patidar quota stir
• 2018 Bhima Koregaon protests
• 2019 Anti-CAA protests
• 2020 Farm law protests
• 2022 Remarks on Prophet Muhammad controversy
• 2022 Manipur clashes

Other Key Recommendations

The Commission also recommended retaining criminal defamation laws to balance free speech with protecting reputation. It relied on the Supreme Court’s 2016 decision upholding criminal defamation. The panel suggested community service as punishment to prevent misuse.

Category: Legal & Constitution Current Affairs