Code
1[153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.— (1) Whoever–
(a) 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 illwill between different religious, racials, language or regional groups or castes or communities, or
(b) 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 tranquillity, 2[or]
2[(c) 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.
(2) 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.]
Explain it
This section of the Indian Penal Code criminalizes the act of intentionally spreading hatred and animosity between different groups based on their religion, race, ethnicity, language, caste, or other social identities. The purpose of this law is to prevent the outbreak of violence and maintain social harmony.
The law focuses on the intent behind the actions. If someone is found to be intentionally promoting hostility, they can be punished, even if their words or actions don’t directly lead to violence.
Illustrate it
- A person making inflammatory speeches that incite violence against a particular religious community.
- A social media post that spreads false and provocative information about a specific caste, leading to discrimination and prejudice.
- Distributing pamphlets that contain derogatory remarks about a particular language group, leading to tension and conflict.
Common Questions and Answers
Q: What is the difference between IPC Section 153 and 153A?
A: Section 153 deals with acts intended to cause rioting or an affray. Section 153A specifically targets the promotion of enmity and hatred between different groups.
Q: Can I be charged under Section 153A for expressing my opinion?
A: No, expressing an opinion is generally protected under the right to free speech. However, if your opinion is intended to promote enmity and hatred, it may fall under Section 153A.
Q: Who can file a complaint under Section 153A?
A: Any person can file a complaint, but it is usually done by the police or by a victim of the hate speech.
