Code
1[153B. Imputations, assertions prejudicial to national integration.— (1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,–
(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 and 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.]
Explain It
This section criminalizes the act of making, publishing, or circulating any statement, rumour, or report that is:
- Intentionally and maliciously made for the purpose of promoting enmity or hatred between different groups on grounds of religion, race, place of birth, residence, language, etc.
- Intentionally and maliciously made for the purpose of causing fear or alarm to the public, or any section of the public, in relation to any such group.
- Intentionally and maliciously made for the purpose of inciting any group to commit any offence against any other group.
The section aims to protect national integration and prevent communal violence by prohibiting the spread of hate speech and inflammatory content that could incite violence.
Illustrate It
Here are some examples of activities that could fall under Section 153B:
- Publishing a newspaper article that incites hatred against a particular religious community.
- Spreading rumors on social media that falsely accuse a particular ethnic group of being responsible for crime.
- Making speeches or delivering sermons that promote violence against a specific language group.
Common Questions and Answers
Q: What is the punishment for violating Section 153B?
A: The punishment for violating Section 153B is imprisonment for a term which may extend to three years, or with fine, or with both.
Q: What is the difference between Section 153A and Section 153B?
A: Section 153A deals with promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. It focuses on inciting violence or hatred between groups. Section 153B, on the other hand, is broader and also covers acts that are intended to cause fear or alarm to the public or any section of the public in relation to any such group.
Q: What are some defenses against charges under Section 153B?
A: Some common defenses include:
- The statement, rumour or report was not made with the intention of promoting enmity or hatred, causing fear or alarm, or inciting violence.
- The statement, rumour or report was made in good faith and for the purpose of public good.
- The statement, rumour or report was made in the course of a fair and accurate report of a public event.
