Code
Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Explanation
This section deals with the offense of “wanton provocation” that can lead to a riot. It specifically targets actions that aim to create hostility, hatred, or ill-will between different groups based on various factors like religion, race, language, caste, etc. The key elements of the offense are:
- Intentional Act: The offender must intentionally promote or attempt to promote feelings of enmity, hatred, or ill-will.
- Grounds for Promotion: The act must be aimed at inciting feelings of hostility based on any of the specified grounds (religion, race, etc.).
- Target Groups: The offender must target different religious, racial, language, regional groups, castes, or communities.
- Mode of Promotion: The act can be committed through words (spoken or written), signs, visible representations, or any other act.
The law aims to prevent the instigation of violence and unrest by targeting actions that create division and animosity within society.
Illustration
Consider a scenario where an individual, through a public speech, makes inflammatory statements targeting a particular religious community, blaming them for societal problems and inciting hatred against them. If this speech leads to violence or rioting, the individual can be charged under Section 153 of the IPC for wanton provocation.
Common Questions and Answers
Q: What is the difference between Section 153 and Section 153A of the IPC?
A: Section 153 deals with general promotion of enmity, hatred, or ill-will between different groups. Section 153A specifically focuses on promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, caste, or community, and doing acts prejudicial to the maintenance of harmony.
Q: Can speech that is considered “hate speech” be prosecuted under this section?
A: Yes, if the speech aims to incite hatred, ill-will, or violence against a specific group and has the potential to lead to rioting or unrest, it can fall under the purview of Section 153.
Q: Is there a specific intention requirement for this offense?
A: Yes, the offender must intentionally promote or attempt to promote enmity, hatred, or ill-will. The act must be deliberate and aimed at creating conflict.
