· Whoever, by words either spoken or written or by signs or by visible representations or otherwise
- 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
- 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
- makes or publishes any 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.
· 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 Section 153B: Simplified Explanation
IPC Section 153B of the Indian Penal Code (IPC) addresses the offence of making or publishing imputations or assertions that are prejudicial to national integration. This section is designed to safeguard the unity and integrity of India by criminalizing statements or publications that suggest that any class or group of persons cannot, or should not, bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India.
The law under this section targets actions that challenge the loyalty of certain groups or promote feelings of alienation or disaffection among different segments of society. It is a crucial provision for maintaining national cohesion.
Is IPC Section 153B Bailable?
No, the offence under IPC Section 153B is non-bailable. This reflects the serious nature of actions that can undermine national unity and require judicial oversight for bail decisions.
IPC Section 153B Punishment
The punishment for offences under IPC Section 153B includes imprisonment for a term that may extend to three years, with a fine, or with both. The severity of the penalty underlines the importance of maintaining national solidarity and the potential impact of divisive assertions on societal harmony.
Example of IPC Section 153B
A real-life example of IPC Section 153B being invoked occurred when a prominent figure made public statements and wrote articles claiming that a particular ethnic group was inherently disloyal to the country and should be denied certain constitutional rights. These assertions caused significant unrest and were seen as an attempt to undermine the unity of the nation. The authorities charged this individual under Section 153B for making imputations that were prejudicial to national integration. The legal proceedings focused on the harmful impact of these assertions on national unity and the importance of upholding constitutional fidelity across all groups in society. The case resulted in a conviction, highlighting the legal boundaries around speech that affect national integrity.
