Supreme Court backs jail, fine for destroying property

NEW DELHI: The Supreme Court on Monday backed the government’s move to change the law to punish those who destroy public property during agitations with jail terms and exemplary fines. Until the change is made, those indulging in such acts could be punished for “mischief” under the Indian Penal Code, the court said. Under IPC, those convicted for mischief can be punished for up to two years in jail and also fined.

The top court backed the suggestion that those indulging in such acts be treated as deemed to be guilty and made responsible to prove their innocence in court, turning the principle of presumption of innocence until proven guilty. The central government has already drafted a bill to this effect. The SC issued guidelines which will hold while the bill is passed on to a law.

The court said both organisers of an event and actual perpetrators of violence be made to pay exemplary fines, which would be determined by the constitutional courts, to deter such acts. Police will be under an obligation to videograph every event to ensure that those guilty can be brought to book.


This will be the personal responsibility of the senior superintendent in charge of a district. The court told state governments to set up helplines where people could complain about such vandalism.