IPC Section 153A

IPC Section 153A addresses acts that promote enmity, hatred, or ill-will between different groups based on religion, race, place of birth, residence, language, caste, or community. It is crucial for maintaining public order and communal harmony in a diverse society like India. This section penalizes speech, writing, or any visible representation that incites disharmony or feelings of enmity among groups.

Understanding IPC Section 153A is vital because it safeguards social peace and prevents communal violence. It ensures that individuals or groups do not spread hatred or provoke hostility, which could disrupt the fabric of society. The law plays a significant role in curbing hate speech and maintaining unity in India's pluralistic environment.

IPC Section 153A – Exact Provision

In simple terms, this section makes it illegal to deliberately create hatred or hostility between different communities or groups. It covers any act that can disturb peace by encouraging people to hate each other based on their identity or background.

• Prohibits promoting enmity or hatred between groups.

• Applies to religion, race, caste, language, and other identities.

• Includes speech, writing, signs, or visible representations.

• Targets acts prejudicial to public harmony.

• Ensures protection of communal peace.

Purpose of IPC Section 153A

The main objective of IPC Section 153A is to maintain public order by preventing acts that incite hatred or enmity between different groups. It aims to protect the social fabric of India by discouraging divisive behavior that could lead to violence or unrest. This section serves as a legal tool to promote communal harmony and peaceful coexistence among diverse communities.

• Prevent communal disharmony and violence.

• Protect minority and majority group rights.

• Maintain public peace and order.

Cognizance under IPC Section 153A

Cognizance of offences under Section 153A can be taken by courts upon receiving a complaint or police report. The offence is cognizable, meaning the police can register a case and investigate without prior approval from a magistrate.

• Police can initiate investigation suo motu.

• Complaints or reports can trigger cognizance.

• Courts take cognizance upon police report or complaint.

Bail under IPC Section 153A

Offences under IPC Section 153A are generally non-bailable due to their serious nature involving public order. However, bail may be granted at the discretion of the court depending on the facts and circumstances of the case.

• Non-bailable offence in most cases.

• Bail granted based on court’s discretion.

• Seriousness of communal disharmony affects bail decisions.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 153A are triable by Magistrate courts. However, depending on the gravity and connected offences, Sessions Courts may also have jurisdiction. The trial court depends on the nature and seriousness of the act promoting enmity.

• Magistrate courts handle most cases.

• Sessions Court for serious or connected offences.

• Special courts may be involved in communal violence cases.

Example of IPC Section 153A in Use

Suppose a person publishes inflammatory posts on social media targeting a particular religious community, urging others to boycott them. This act promotes enmity between religious groups and disturbs public harmony. The police register a case under Section 153A. If convicted, the person faces punishment. Conversely, if the posts are factual and do not incite hatred, the accused may be acquitted.

Historical Relevance of IPC Section 153A

Section 153A was introduced to address the rising incidents of communal disharmony during the colonial period. It evolved to strengthen laws against hate speech and acts that disturb peace among diverse communities.

• Introduced in the Indian Penal Code in 1898.

• Amended over time to cover modern forms of communication.

• Landmark cases shaped its interpretation in courts.

Modern Relevance of IPC Section 153A

In 2025, IPC Section 153A remains crucial in combating hate speech on digital platforms and maintaining communal harmony. Courts have interpreted it to include online content and social media posts that incite enmity. It plays a vital role in preserving peace in India's diverse society.

• Applies to online and offline hate speech.

• Court rulings emphasize balance between free speech and harmony.

• Supports government efforts against communal violence.

Related Sections to IPC Section 153A

• Section 295A – Deliberate acts hurting religious sentiments

• Section 505 – Statements conducing to public mischief

• Section 298 – Uttering words with deliberate intent to wound religious feelings

• Section 34 – Acts done by several persons in furtherance of common intention

• Section 120B – Criminal conspiracy

Case References under IPC Section 153A

1. Balwant Singh v. State of Punjab (1995 AIR 1781, SC)

   – The Supreme Court held that promoting enmity must be intentional and likely to disrupt public peace.

2. Arup Bhuyan v. State of Assam (2011 AIR SCW 2221)

   – Court emphasized the need to balance freedom of speech with public order under Section 153A.

3. Shreya Singhal v. Union of India (2015 5 SCC 1)

   – Supreme Court struck down parts of IT Act but upheld Section 153A’s role in preventing hate speech.

Key Facts Summary for IPC Section 153A

• Section:

  153A

• Title:

  Promoting Enmity Between Groups

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 3 years, or fine, or both

• Triable By:

  Magistrate or Sessions Court

Conclusion on IPC Section 153A

IPC Section 153A is a vital provision that protects India's social fabric by criminalizing acts that promote hatred and enmity between different groups. It serves as a deterrent against divisive speech and actions that could lead to communal violence. By penalizing such conduct, the law fosters peace and harmony among diverse communities.

In the modern context, with the rise of digital communication, Section 153A’s importance has increased. Courts continue to interpret it in ways that balance freedom of expression with the need to maintain public order. Overall, it remains a cornerstone in India's efforts to uphold unity and prevent social discord.

FAQs on IPC Section 153A

What types of acts fall under IPC Section 153A?

This section covers acts that promote hatred or enmity between groups based on religion, race, caste, language, or community. It includes speech, writing, or any visible representation that incites disharmony.

Is IPC Section 153A a bailable offence?

Generally, offences under Section 153A are non-bailable due to their serious nature involving public order. Bail is granted at the court’s discretion depending on the case.

Which courts try offences under Section 153A?

Magistrate courts usually try these offences. However, Sessions Courts may handle serious or connected cases involving communal violence.

Can social media posts attract punishment under Section 153A?

Yes, online content that promotes enmity or hatred between groups can be prosecuted under this section as courts include digital communication within its scope.

What is the punishment for violating IPC Section 153A?

The punishment can be imprisonment up to three years, or a fine, or both, depending on the severity of the act promoting enmity.