IPC Section 153A: Promoting Enmity Between Groups on Religious, Racial, and Other Grounds

1. State the Code

Indian Penal Code (IPC) Section 153A states: “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, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.”

2. 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.

3. 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.

4. 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.