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SECTION 153B IPC - Indian Penal Code - Imputations, assertions prejudicial to national integration


Description

  1. Whoever, by words either spoken or written or by signs or by visible representations or otherwise:
    1. makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or
    2. asserts, counsels, advises, propagates or publishes that any class of persons by reason of their being members of any religious, racial, language or regional group or caste or community be denied, or deprived of their rights as citizens of India, or
    3. makes or publishes and assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
  2. 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.


Applicable Offences

1. Imputations, assertions prejudicial to national integration

Punishment - 3 Years or Fine or Both
This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

2. If committed in a place of public worship etc.

Punishment - 5 Years + Fine
This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

This offence is NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


Click here to read more from the Indian Penal Code (IPC), 1860.


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