Promoting enmity between different groups (Sec. 153A)

Theoretical overview

Section 153A of IPC was added in the year 1898. It came with the view to prevent various classes from coming into conflict by mutual abuse and recrimination. Also, to effectively check communal and separatist tendencies, whether based on ground of religion, caste, language or community or any other ground, it is proposed to amend section 153A, IPC so as to make it a specific offence for anyone to promote or attempt to promote feelings of enmity or hatred between different, racial or language groups or caste or communities.

Essential ingredients of section 153A

1. Whoever by (e) words, either spoken or written or (b) by signs; or (c) by visible representations; or (d) otherwise;
2. Promotes or attempts to promote this harmony or feelings of animated, hatred or ill-will;
3. Between different religious language or religion, groups or castes or community;
4. On grounds of religion, race, place of birth residence language caste or community or any other ground; or
5. The act maybe prejudicial to the maintenance of harmony between different groups as outline above, and which disturbs or is likely to disturb public tranquility 
6. Organizes any exercise movement drill or other similar activities in order to train for use of force or violence against any of the groups outline in (iii) above.

Constitutional validity of section 153A

It was contended before the then East Punjab High Court that section 153A is ultra vires in the lights of art 19(1)(a) of the constitution that guarantees freedom of speech and expression. The section was declared unconstitutional and struck down because of the reasonable restrictions mentioned under article 19(2) of constitution.

It was after the first amendment act 1951, when the words interest of public order was added in article 19(2) which widened the scope, that the section 153A was not ultra vires anymore.

Punishment under section 153A

The accused shall be entitled to a punishment of imprisonment that may extend up to three years or fine or both. However, in cases where the offence is committed in a place of worship, the same punishment may extend up to five years or fine or both. 

Relevant sections and articles

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

Article 19 of the Indian constitution – Protection of certain rights regarding freedom of speech etc

(1) All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) omitted

(g) to practise any profession, or to carry on any occupation, trade or business

Important case laws

Azizul Haq Kausar Naqwi v. State of Uttar Pradesh (1980)

Additionally, the judgement of the Allahabad High Court, in this case, made it clear that if the words or statements are mild and of a dignified nature and do not result in hurting or insulting the deeper religious sentiments of any group or community, the offence of Section 153A is not committed.

Bilal Ahmed Kaloo v. State of Andhra Pradesh (1997).

In this case, the court stated that to attract the offence of Section 153A IPC, it is important to clearly check whether the alleged enmity is caused between two different groups. Therefore, the mere mentioning of a religious community while inciting the religious sentiments of one community cannot constitute an offence under Section 153A IPC.