IPC Section 153A: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

·  Whoever –

  1. 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
  2. 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, or
  3. 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 Simplified Explanation

IPC Section 153A of the Indian Penal Code (IPC) pertains to promoting enmity between different groups on grounds such as religion, race, place of birth, residence, language, etc., and acts prejudicial to the maintenance of harmony. This section specifically addresses actions that threaten social harmony and incite discord among different groups within the country.

The offence under this section includes actions like speeches, writings, or signs that promote or attempt to promote feelings of enmity or hatred between different communities. This legal provision aims to maintain public order by penalizing those who seek to divide society along divisive lines.

Is IPC Section 153A Bailable?

No, the offence under IPC Section 153A is non-bailable. This underscores the severity of the law, which treats actions that could lead to social unrest or communal violence, necessitating a judicial review of bail decisions.

IPC Section 153A punishment

The punishment for committing an offence under IPC Section 153A includes imprisonment for a term that may extend to three years, a fine, or both. This reflects the serious nature of the offence and the law’s intent to act as a deterrent against the spread of communal or social hatred.

Example of IPC Section 153A

A real-life example of IPC Section 153A being invoked occurred during a period of heightened communal tension in a city. A local politician made several public statements and distributed materials that explicitly incited hatred and violence between religious communities. These actions led to outbreaks of violence and heightened tensions. The authorities arrested the politician under Section 153A for promoting enmity between different groups and endangering communal harmony. The case drew significant attention, focusing on the impact of the provocative statements and materials on communal relations in the area. The politician faced legal proceedings that highlighted the importance of maintaining communal harmony and the legal consequences of attempting to disrupt it.

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