SECTION 153A IPC - Indian Penal Code - Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
Last Updated: 01 Jan, 2025
By Advocate Chikirsha Mohanty
(The word “or through electronic communication” is added as one of the modes of spreading disharmony, etc.)
Please refer to BNS 196 for updated procedures & punishments.
- Whoever
- by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racials, language or regional groups or castes or communities, or
- commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility, or
- organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
- Offence committed in place of worship, etc — Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
IPC 153A in Simple Words
Section 153A of the Indian Penal Code punishes those who promote disharmony or feelings of hatred between different religious, racial, language, or regional groups, or engage in acts prejudicial to maintaining harmony, with imprisonment up to three years, or fine, or both, and up to five years of imprisonment with fine if the offence is committed in a place of worship or during religious ceremonies.
Offence | Punishment | Cognizance | Bail | Triable |
---|---|---|---|---|
Promoting enmity between classes | 3 Years or Fine or Both | Cognizable | Non-Bailable | Magistrate First Class |
Promoting enmity between classes in place of worship, etc. | 5 Years + Fine | Cognizable | Non-Bailable | Magistrate First Class |
Offence : Promoting enmity between classes
Punishment : 3 Years or Fine or Both
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Magistrate First Class
Offence : Promoting enmity between classes in place of worship, etc.
Punishment : 5 Years + Fine
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Magistrate First Class
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Frequently Asked Questions
What is Section 153 of the IPC case law?
What is the case law on Section 153?
Is 153A non bailable?
The offence under Section 153A, therefore, is a cognisable offense, allowing police officers to arrest an accused without a warrant. The offence is also non-bailable when the accused is brought before a magistrate of first class. 28 May 2022
What is the difference between Section 153A and 295A?
The only difference between Section 153A & Section 295A, is that Section 295A requires malicious intent. This jurisprudential evolution is credited to a pamphlet that was published in Punjab and distributed in 1924. Its criticism, written by Gandhi, is credited with its origin. 21 Aug 2018
What is the misuse of 153A?
Problems with the Law Under regimes of both parties, hate speech laws were invoked to clamp down on critics of public officials and arrest individuals. Invoking Section 153A has been criticized as a way to restrict free speech and misuse the legal process for political ends. 25 Feb 2023