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

Section 153A IPC Bare Act Text

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 ill-will between different religious, racial, 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, or (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.

Source: Section 153A, Indian Penal Code, 1860

Section 153A IPC in Simple Words

Ingredients of Section 153A IPC

• The accused did one of three things. The first is promoting or attempting to promote disharmony or feelings of enmity, hatred or ill-will, by words spoken or written, by signs, by visible representations or otherwise
• That disharmony or ill-feeling was between different religious, racial, language or regional groups or castes or communities, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever
• The second is committing an act prejudicial to the maintenance of harmony between such groups, and the act disturbs or is likely to disturb the public tranquillity
• The third is organising an exercise, movement, drill or similar activity, or participating in it. An organiser intends, or knows it to be likely, that the participants will use or be trained to use criminal force or violence. A participant intends to use or be trained to use such force or violence, or knows it to be likely that the participants will
• In the third case the force or violence is meant against a religious, racial, language or regional group or a caste or community, and the activity for any reason whatsoever causes or is likely to cause fear, alarm or a feeling of insecurity amongst its members
• For the higher punishment, the offence was committed in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies

Punishment Under Section 153A IPC

Promoting enmity between groups, acts prejudicial to harmony and drills against a group carry imprisonment for up to three years, or fine, or both. In a place of worship the imprisonment is up to five years and the offender is also liable to fine.

Example of Section 153A IPC

When Section 153A IPC Does Not Apply

• Section 153A IPC does not apply when the words or actions relate to a private dispute between individuals and do not involve different religious, racial, language, or regional groups, castes, or communities.
• Section 153A IPC does not apply under the second clause if an act alleged to harm group harmony neither disturbs nor is likely to disturb public tranquillity.
• Section 153A IPC does not apply under the third clause to a physical fitness drill where participants neither intend nor are likely to use or be trained to use criminal force or violence against a protected group.
• Section 153A IPC does not apply under the third clause when the exercise or movement neither causes nor is likely to cause fear, alarm, or insecurity amongst members of the targeted group.

Section 153A IPC in the BNS

FAQs on Section 153A IPC