Section 153A IPC - Promoting Enmity Between Different Groups

Section 153A of the Indian Penal Code, 1860 dealt with specified conduct promoting or attempting to promote disharmony, enmity, hatred or ill-will between different groups, acts prejudicial to harmony affecting public tranquillity, and certain activities involving training or use of criminal force or violence against protected groups.

Historical law note: This article explains Section 153A IPC in the legal framework applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is retained for understanding matters governed by the earlier criminal law.

Section 153A of the Indian Penal Code 1860

Promoting enmity between different groups on grounds 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.

Legislative notes: Section 153A was substituted by Act 35 of 1969, section 2. Clause (c) was inserted by Act 31 of 1972, section 2.

Meaning and Scope of Section 153A IPC

Section 153A was an offence against public tranquillity. Its clauses addressed different forms of conduct, but the statutory focus was on relations between the different religious, racial, language or regional groups, castes or communities identified by the provision and on the consequences or purposes specified in each clause.

Clause (a) expressly covered spoken or written words, signs, visible representations and other means. It applied to promotion or attempted promotion of disharmony or feelings of enmity, hatred or ill-will between the relevant groups on the grounds listed in the provision.

Essential Ingredients of Section 153A(1)(a)

There must be words, whether spoken or written, signs, visible representations or other relevant conduct.
The conduct must promote or attempt to promote disharmony or feelings of enmity, hatred or ill-will.
The promotion or attempted promotion must operate between different religious, racial, language or regional groups, castes or communities.
The conduct must have the connection with the grounds described in the statutory provision, including religion, race, place of birth, residence, language, caste or community or another ground within its wording.

Section 153A(1)(b) - Acts Prejudicial to Harmony

Clause (b) dealt with an act prejudicial to the maintenance of harmony between the groups, castes or communities specified in the provision. The clause additionally required that the act disturb, or be likely to disturb, public tranquillity.

Public tranquillity requirement: Clause (b) expressly connects the prejudicial act with an actual or likely disturbance of public tranquillity. The statutory ingredients of the particular clause invoked must therefore be examined rather than treating every clause of Section 153A as identically worded.

Section 153A(1)(c) - Training or Use of Criminal Force or Violence

Clause (c) addressed organizing or participating in an exercise, movement, drill or similar activity involving the intended or knowingly likely use of, or training to use, criminal force or violence against a religious, racial, language or regional group, caste or community. The activity must also cause or be likely to cause fear, alarm or a feeling of insecurity among members of that group, caste or community.

Meaning of Criminal Force

In the pre-BNS framework, Section 350 IPC defined criminal force. In general terms, it concerned intentional use of force to another person without that person's consent in the circumstances and with the intention or knowledge specified by the section. This definition was relevant to the reference to criminal force in Section 153A(1)(c).

Offence at a Place of Worship Under Section 153A(2)

Sub-section (2) prescribed an enhanced punishment where an offence specified in sub-section (1) was committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies. In that situation, imprisonment could extend to five years and the offender was also liable to fine.

Punishment Under Section 153A IPC

Provision	Punishment before BNS
Section 153A(1)	Imprisonment up to three years, or fine, or both
Section 153A(2)	Imprisonment up to five years and fine
Nature under CrPC	Cognizable and non-bailable
Trial	Any Magistrate for the ordinary offence; enhanced place-of-worship offence triable by Magistrate of the first class

Context Matters in Applying Section 153A

The statutory language requires attention to the words or conduct as a whole, the groups or communities concerned, the grounds relied upon, and the ingredients of the particular clause alleged. Whether a statement or act satisfies those ingredients is a fact-specific legal question and cannot be determined merely by isolating a word or sentence from its relevant context.

Related IPC Provisions

Section 153A formed part of Chapter VIII of the IPC dealing with offences against public tranquillity. Closely related provisions included Section 153 IPC concerning wanton provocation with intent to cause riot and Section 153B IPC concerning imputations and assertions prejudicial to national integration.

This page describes Section 153A of the Indian Penal Code, 1860 in its pre-BNS legal context. Application to a particular matter depends on the applicable law, date, complete words or conduct alleged, surrounding context and other relevant facts.