'Vandals May Get Bail after Deposit Money Equivalent to the Loss,' Law Panel Recommends

The Law Commission headed by Justice (Retired) Ritu Raj Awasthi recommended that people who are involved in damaging public property may get bail only after depositing money equivalent to the loss caused by them. Reports ETV Bharat's Sumit Saxena

New Delhi:The Law Commission has recommended that people who are involved in damaging public property may get bail only after depositing money equivalent to the loss caused by them.

The Commission also recommended that to tackle the issue of prolonged wilful 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.

The Commission headed by Justice (Retired) Ritu Raj Awasthi, in its report on the law on criminal defamation submitted to Law Minister Arjun Ram Meghwal, said: "Compelling the offenders to deposit the estimated value of the public property as a condition for granting bail would be a definitely sufficient deterrent against the destruction of public property".

The Commission noted that in Kerala, as a result of the decisions of the Kerala High Court in Hemanth Kumar vs Sub Inspector of Police and, Hemachandran M T vs Sub Inspector of Police, the criminal courts insisted on depositing the estimated value of the public property damaged as a condition for granting bail.

"As a result of this, instances of destruction of public property in connection with bandhs, hartalsand other public agitations have become practically nil," it said.

The Commission said the fear of conviction and sentence in criminal cases relating to the offences under the Prevention of Damage to Public Property Act may not act as a sufficient deterrence against the destruction of public property.

"In order to address the issue of damage to private property, a separate law can be brought in such as the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 enacted in the State of Kerala. The same can also be achieved by amending and adding to the applicable sections of IPC or the Bharatiya Nyaya Sanhita," said the Commission.

The Commission, in its 284th report, said the destruction of public property has continued undiminished, and it appears that the scale of destruction has only increased over the years causing gargantuan losses to the public exchequer and inconvenience to the general public. It said the law that was passed in 1984 seems to have failed in its stated objective of preventing the destruction of public property, and this is a sentiment echoed not only by the courts but also by various other government bodies.

The Commission said 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.

The Commission said it undertook an extensive study of the subject, analysing 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 (PDPPA), 1984.

The Commission also recommends that to tackle the issue of prolonged wilful 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.

The Commission said another related aspect that remains ignored is the prolonged obstruction of public spaces and property such as highways, roads, railway lines, etc and this also causes widespread inconvenience to the general public and economic loss.

"Such prolonged obstructions often end up causing huge inconvenience to the smooth movement of even essential and emergency services such as availing of medical facilities, mobility of ambulance and fire brigade, efficient discharge of administrative and judicial functions, schools, colleges, etc," it noted.

"Wherever such protests are not in designated places and tend to create wilful obstruction and blockade of public spaces and roads for prolonged periods, a comprehensive law should be put in place to address them so that they cannot get ignored and continue to cause tremendous hardships to the general public in the guise of the absence of legislation," said the Commission.

The Commission recommended either a new comprehensive law dealing with the same be enacted or a specific provision pertaining to the same may be introduced in the IPC/BNS by way of an amendment.

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