Why is the Law Commission of India’s Recommendation on the Prevention of Damage to Public Property Act important?
September 6, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • World Hindu Congress 2026
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • World Hindu Congress 2026
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Analysis

Why is the Law Commission of India’s Recommendation on the Prevention of Damage to Public Property Act important?

The Law Commission of India's recommendation on the Prevention of Damage to Public Property Act holds significant importance due to its potential to address a pressing issue affecting public infrastructure and safety. By proposing amendments or updates to this legislation, the Commission aims to enhance the legal framework for safeguarding public property, promoting accountability, and deterring acts of vandalism or destruction

Apoorva JhaApoorva Jha
Feb 7, 2024, 05:00 pm IST
inAnalysis
Follow on Google News
Facebook
Twitter
WhatsAppTelegramEmail

In a democracy, the ability of citizens to directly participate in public affairs and demand accountability from the Government is paramount. Article 19 of the Indian Constitution grants every citizen the right to freedom of speech and expression, including the right to dissent and criticise. The Supreme Court of India has repeatedly affirmed this right to peaceful protest. However, the Court has also repeatedly emphasised the Fundamental Duties of the citizens to safeguard public property and to abjure violence. A protest that turns violent or stops citizens from exercising their freedoms can be called an antithesis to the very idea of the right to protest under our Constitution. Therefore, reasonable restrictions can and must be placed on the freedoms granted under Article 19 of the Constitution.

The Prevention of Damage to Public Property Act of 1984 (PDPP Act) was implemented to prevent vandalism and destruction of public property during riots and public disturbances. However, the law proved insufficient to adequately deter offenders who engage in violence, destruction, or obstruction during protests. Recognising this shortcoming, the Supreme Court took Suo moto cognisance in June 2007 of various instances of large-scale destruction of public property. The Court appointed two committees headed by Justice K T Thomas and Fali S Nariman to provide recommendations to improve the existing law. Based on detailed recommendations by these committees, the Supreme Court issued multiple guidelines that would have been applicable the moment a demonstration was organised. Despite multiple recommendations by committees and judgments by the Supreme Court, the lawmaking process to amend the Prevention of Damage to Public Property Act moved slowly. In 2015, the Ministry of Home Affairs introduced the Prevention of Damage to Public Property (Amendment) Bill to update the existing Act. However, the amendment proposal could not advance at. Over the years, India has continued to grapple with widespread vandalism and destruction of public property by miscreants, despite existing laws. In 2018, the Supreme Court affirmed that violent demonstrations that disturb public order or threaten public property are not protected rights. For instance, the Court cited stone-throwing by crowds as a clear example of violent and disorderly conduct. The Court reiterated this view in the 2020 Shaheen Bagh case, underscoring the urgent need to strengthen the PDPP Act. Responding to the long-delayed implementation of recommendations, the 22nd Law Commission took Suo moto cognisance of the issue. After a careful review, of multiple violent protests, the Commission recently proposed necessary amendments and published its recommendations to urgently update the PDPP Act.

What are the recommendations?
Damaged Public Property? – Pay Up for Bail or Go to Jail

The committee has recommended amendments to Section 2 of the PDPPA Act, specifically stressing that in cases of public destruction, damages or losses to public property should be recovered from the culprits. The report cited the cases of Hemanth Kumar vs Sub Inspector of Police and Kamlesh vs Sub Inspector of Police, where the Kerala High Court ruled that compelling offenders to deposit the estimated value of the property in cases of public loss, as a condition for granting bail, would act as a sufficient deterrence. In case the court later finds the accused not guilty, the same amount will be refunded to them. Moreover, the committee has also proposed that the abetment of such violent protests should also be made an offence under the act. This would allow the law to hold any group calling for a protest resulting in public property damage liable for violating the act’s provisions unless proven otherwise.

The Police Should be Empowered to conduct Photography of incidents of Demonstrations

The Report cites the recommendation of the Supreme Court in the case of In Re: Destruction of Public & Properties Vs State of Andhra Pradesh. It was suggested that even if a trial takes place as per the provisions of the act, there are innumerable cases where a conviction does not take place due to lack of evidence. To address this problem, the areas of video evidence must be tapped into. The committee has suggested that Police should be empowered to make arrangements for videography in the areas where the protest is proposed to be held. Furthermore, copies of the video recordings must be kept as records and the videographer’s statement should also be recorded by the Sub-divisional Magistrate or the Executive Magistrate.

Obstruction of Public Places and Damage to Private Property

On the aspect of indefinite obstruction of public spaces, the committee highlighted the existing provisions dealing such with acts in the National HighWays Act 1956 & Railways Act 1989. However, the committee noted that the PPDA act does not specifically cover ‘Obstruction’ of public places. This leads to a situation where penalising obstruction of public places only applies to national highways and railways, leaving any paths not covered by these laws vulnerable to indefinite obstruction. During the Anti-CAA protests in 2019, roadblocks lasted for more than three months, causing grave inconvenience to the common citizens. Therefore, “either a new comprehensive law dealing with such obstruction be enacted, or specific provisions pertaining to the same may be amended in the Bhartiya Nyaya Samhita.”

Furthermore, in cases of damage to Private Property, the committee suggested that a separate law should be brought in as the Kerala Prevention of Damage to Private Property & Payment of Compensation Act, 2019, or relevant provisions should be added or amended in the Bhartiya Nyaya Samhita.

Over the past two decades, public and private property worth thousands of crores have been damaged during protests. While protests are an important democratic right, destroying public resources that belong to the society at large, negatively affects the common citizen. Any wilful damage to public property must not go unpunished. There must be a balance between allowing free speech while also protecting public property. The recommendations from the Law Commission aim to achieve this balance and must be implemented at the earliest to ensure that common resources of the country are not damaged by uncontrolled miscreants.

Topics: Supreme CourtPrevention of Damage to Public Property ActPDPPA Act
Share
Tweet
SendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Kerala one of most financially unhealthy States: Attorney General tells Supreme Court

Next News

PM Modi’s sarcastic swipe at Congress: ‘Pray You Secure 40’ quips in Rajya Sabha

Related News

Former Prime Minister Imran Khan & Army Chief Asim Munir

Pakistan: Imran Khan’s sister files fresh contempt plea over denied prison visit & telephone conversation with sons

SC Ends NEET Protest FIRs, Allows Fresh Probe Into 2,873

SC quashes NEET protest FIRs, but allows fresh probe into 2,873 persons with alleged serious criminal antecedents

The Supreme Court of India

“Can the court direct fresh elections like this?”: SC questions TMC plea over West Bengal SIR voter deletion

Supreme Court rejects rape convict Tarun Tejpal’s exemption plea; Orders to surrender within two weeks

Pakistan PM Shehbaz Sharif and Former PM Imran Khan

Pakistan: Contempt plea filed against PM Shehbaz Sharif & 2 ministers for defying Supreme Court order on Imran Khan

Goa government moves Supreme Court seeking life imprisonment for convicted rapist Tarun Tejpal

Goa government demands life imprisonment for convicted rapist Tarun Tejpal, escalates case to Supreme Court

Load More

Latest News

We don’t buy narratives, let people speak for themselves: Dr Sudesh Agrawal

Representative Image

The 7.8 per cent GDP growth is real; The outrage is manufactured!

Bilaspur Police detains 23 people from the Sirgitti area.

Chhattisgarh: Crackdown on Bangladeshi infiltrators: 23 detained in Bilaspur, shifted to detention centre

Religious leaders coming together can be counter to political polarisation: Bawa Jain

Two Bangladeshi prisoners escape police vehicle in Murshidabad

West Bengal: Two Bangladeshi prisoners escape from police vehicle in Murshidabad, one recaptured; Search on for second

Editor of Organiser Prafulla Ketkar and others in a programme in Bhubaneswar

Odisha Literary Festival: Prafulla Ketkar Questions ‘Gen Z’ Label, says Indian youth cannot be defined by algorithms

New Delhi, Sep 06 (ANI): People remove debris during a rescue operation at the site of a building collapse near Satya Niketan in South-West Delhi, in New Delhi on Sunday. (ANI Video Grab)

Building collapse in Delhi: ABVP expresses grief over PG building collapse in Satya Niketan; Rescue operation underway

Arrested accused Manjit Singh Bedi

From US grocery store to FBI wanted list: Who is Manjit Singh Bedi, arrested in Punjab in 600000 dollar fraud case?

Prakriti Gyan Dham: A Living Classroom of Indian Botanical Legacy

Prakriti Gyan Dham: Where Indian heritage meets modern plant science

Barun, a teacher at Mitra Institution, was shot dead by assailants near Gobardanga railway station on July 5, 2012

When the left ruled Bengal, how did Sutia become a ‘Rape village’? Do you know the story of Barun Biswas

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies