Section 153B IPC: Imputations, assertions prejudicial to national integration

Indian Penal Code, 1860

Section 153B IPC at a Glance

Section 153B IPC deals with imputations, assertions prejudicial to national integration. It is non-bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 197 BNS.

Punishment

Imprisonment for up to three years. If the offence is committed in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, imprisonment for up to five years.

Non-Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class โ“˜
BNS Equivalent

Section 197 โ†’

Section 153B IPC Bare Act Text

153B. Imputations, assertions prejudicial to national integration

(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,โ€”

(a) 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 (b) asserts, counsels, advises, propagates or publishes that any class of persons shall, 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 (c) 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.

(2) 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 153B, Indian Penal Code, 1860

Section 153B IPC in Simple Words

Section 153B of the Indian Penal Code (IPC) punishes three kinds of statement about a class of persons, made by words spoken or written, by signs, by visible representations or otherwise. The first is making or publishing an imputation that, by reason of their being members of a religious, racial, language or regional group or caste or community, they cannot bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India. The second is asserting, counselling, advising, propagating or publishing that they shall be denied or deprived of their rights as citizens of India.

The third is making or publishing an assertion, counsel, plea or appeal concerning their obligation that causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between them and other persons. The punishment is imprisonment for up to three years, or fine, or both. If the offence is committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies, the imprisonment may extend to five years and the offender is also liable to fine.

The offence is cognizable and non-bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 153B IPC

  • The accused acts by words spoken or written, by signs, by visible representations or otherwise
  • Under the first clause, the accused makes or publishes an imputation that a class of persons cannot, by reason of their being members of a religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India
  • Under the second clause, the accused asserts, counsels, advises, propagates or publishes that such a class shall, by reason of their being members of such a group, be denied or deprived of their rights as citizens of India
  • Under the third clause, the accused makes or publishes an assertion, counsel, plea or appeal concerning the obligation of such a class, and it causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between those members and other persons
  • For the heavier punishment, the offence is committed in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies

Punishment Under Section 153B IPC

Imprisonment

Imprisonment for up to three years. If the offence is committed in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, imprisonment for up to five years.

Fine

For the ordinary offence, fine as an alternative to imprisonment or along with it. For the place of worship offence, the offender is also liable to fine.

Non-Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class โ“˜

Making an imputation or assertion prejudicial to national integration carries imprisonment for up to three years, or fine, or both, and up to five years with liability to fine in a place of worship or an assembly of religious worship.

Example of Section 153B IPC

In 2022, during an assembly engaged in religious ceremonies in Mysuru, Nikhil displayed placards and spoke words imputing that members of a regional group could not, by reason of belonging to that group, bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India. He also asserted that they should be deprived of their rights as citizens of India, and made an appeal concerning their obligations that caused feelings of enmity between them and others. Because he committed these acts in a religious assembly, Nikhil is punishable under Section 153B IPC.

When Section 153B IPC Does Not Apply

  • Section 153B IPC does not apply when the statement targets an individual personally rather than a class of persons defined by membership in a religious, racial, language, or regional group, caste, or community.
  • Section 153B IPC does not apply if the words neither question a group's allegiance to the Constitution or India's sovereignty and integrity, nor call for denying their citizenship rights, nor address their obligations.
  • Section 153B IPC does not apply to a plea or appeal concerning the obligations of a class of persons if it neither causes nor is likely to cause disharmony, enmity, hatred, or ill-will between those members and other persons.

Section 153B IPC in the BNS

Section 153B IPC is now covered under Section 197 BNS.

Section 153B IPC is now Section 197 BNS, with the same title, the same three clauses and the same punishment. Two things are added to sub-section 1. The opening words now include through electronic communication among the ways of making the imputation or assertion, beside words spoken or written, signs and visible representations. A fourth clause, Section 197(1)(d) BNS, punishes making or publishing false or misleading information, jeopardising the sovereignty, unity and integrity or security of India. Sub-section 2 still applies to an offence specified in sub-section 1, so by its words the higher punishment for a place of worship reaches the new clause as well.

View detailed comparison (IPC 153B vs BNS 197) โ†’

FAQs on Section 153B IPC

What does Section 153B IPC provide?โ–ผ

It punishes a person who, by words spoken or written, by signs, by visible representations or otherwise, makes or publishes an imputation that a class of persons cannot bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India, asserts that such a class shall be denied or deprived of its rights as citizens of India, or makes or publishes an assertion, counsel, plea or appeal about its obligation that causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will. In each case the class is one of persons who are members of a religious, racial, language or regional group or caste or community.

What is the punishment under Section 153B IPC?โ–ผ

Imprisonment for up to three years, or fine, or both. If the offence is committed in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, imprisonment for up to five years, and the offender is also liable to fine.

Does the higher punishment in Section 153B IPC cover all three clauses?โ–ผ

Sub-section 2 of Section 153B IPC applies to an offence specified in sub-section 1, which is made up of all three clauses. Each of them carries the higher punishment when it is committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies.

How does Section 153B IPC differ from Section 153A IPC?โ–ผ

Section 153A IPC punishes promoting or attempting to promote disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, and certain acts prejudicial to harmony between them. Section 153B IPC is about statements concerning a class of persons: that it cannot bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India, that it shall be denied or deprived of its rights as citizens, or that concern its obligation and cause or are likely to cause disharmony or enmity.

Is an offence under Section 153B IPC cognizable and bailable?โ–ผ

It is cognizable and non-bailable, on both the ordinary and the place of worship limb.

Which court tries an offence under Section 153B IPC?โ–ผ

A Magistrate of the first class.

Can an offence under Section 153B IPC be compounded?โ–ผ

No. It is not listed in Section 320 CrPC.

Where is Section 153B IPC in the Bharatiya Nyaya Sanhita?โ–ผ

In Section 197 BNS, which adds electronic communication and a fourth clause.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท