IPC Section 153B

IPC Section 153B addresses the serious offence of promoting enmity between different groups based on religion, race, place of birth, residence, language, or other factors. This section aims to maintain harmony and peace in a diverse society by penalizing acts that incite hatred or ill-will among communities.

Understanding IPC Section 153B is crucial in India’s multicultural context, where communal harmony is vital for social stability. The law helps deter actions that could lead to conflict or violence between groups, ensuring respect and coexistence among citizens.

IPC Section 153B – Exact Provision

In simple terms, IPC Section 153B punishes anyone who makes statements or claims that harm the unity and integrity of the nation by promoting hatred or enmity between different groups. This includes any remarks that create disharmony or feelings of hostility based on religion, race, language, or place of birth.

• Targets statements promoting enmity between groups.

• Focuses on religion, race, language, place of birth, residence.

• Punishment includes imprisonment up to three years or fine or both.

• Aims to protect national integration and social harmony.

Purpose of IPC Section 153B

The primary legal objective of IPC Section 153B is to safeguard national integration by preventing acts that incite hatred or hostility among different communities. It ensures that no individual or group spreads divisive ideas that could disrupt peace and social cohesion. This section serves as a deterrent against inflammatory speech and writings that threaten unity.

• Preserves communal harmony and peace.

• Prevents hate speech and inflammatory remarks.

• Protects the integrity of the nation.

Cognizance under IPC Section 153B

Cognizance of offences under Section 153B is generally taken by courts when a complaint or report is filed by a police officer or a public servant. The offence is cognizable, meaning the police can investigate without prior approval of the magistrate.

• Offence is cognizable; police can register FIR and investigate.

• Cognizance can be taken upon complaint or police report.

• Courts proceed based on prima facie evidence of promotion of enmity.

Bail under IPC Section 153B

Offences under IPC Section 153B are generally non-bailable due to their potential to disturb 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 depends on court’s discretion and case merits.

• Seriousness of promoting enmity affects bail decisions.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 153B are triable by Magistrate courts. Depending on the severity and connected offences, Sessions Courts may also have jurisdiction. The Magistrate court usually handles initial proceedings and trials.

• Primarily triable by Magistrate courts.

• Sessions Court may try cases with connected serious offences.

• Appeals lie to higher courts as per procedure.

Example of IPC Section 153B in Use

Suppose a person publicly makes statements blaming a particular religious community for all social evils, inciting hatred among other communities. This act can disturb communal harmony and may lead to violence. Under IPC Section 153B, such statements can attract legal action.

In contrast, if the statements are neutral or factual without promoting enmity, they may not fall under this section. The context and intent behind the statements are crucial in deciding the offence.

Historical Relevance of IPC Section 153B

IPC Section 153B was introduced to address the growing need for protecting national integration in a diverse society. It evolved as part of the Indian Penal Code amendments to curb communal violence and hate speech.

• Introduced post-independence to maintain communal harmony.

• Strengthened after communal riots in the 20th century.

• Important cases shaped its interpretation over decades.

Modern Relevance of IPC Section 153B

In 2025, IPC Section 153B remains vital in curbing hate speech and maintaining peace. Courts have interpreted it to balance freedom of speech with the need to prevent enmity. Social media and digital platforms have increased the section’s importance in controlling inflammatory content.

• Used to regulate hate speech on digital platforms.

• Court rulings emphasize protecting national integration.

• Helps prevent communal tensions in a diverse society.

Related Sections to IPC Section 153B

• Section 153A – Promoting enmity between different groups.

• Section 295A – Deliberate acts intended to outrage religious feelings.

• Section 505 – Statements conducing to public mischief.

• Section 124A – Sedition.

• Section 66A of IT Act – Sending offensive messages (though repealed, related in context).

Case References under IPC Section 153B

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

   – The Court held that promoting enmity between groups threatens public order and must be penalized.

2. Arup Bhuyan v. State of Assam (2011 AIR 2549, SC)

   – Clarified the scope of hate speech and the need for intent to promote enmity.

3. Shreya Singhal v. Union of India (2015 AIR 1523, SC)

   – Emphasized balancing freedom of speech with restrictions under IPC Sections like 153B.

Key Facts Summary for IPC Section 153B

• Section:

  153B

• Title:

  Promoting Enmity Between Groups

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 3 years, or fine, or both

• Triable By:

  Magistrate Court

Conclusion on IPC Section 153B

IPC Section 153B plays a crucial role in preserving the unity and integrity of India’s diverse society. By penalizing acts that promote hatred and enmity between groups, it helps maintain peace and prevents communal conflicts. The section balances the right to free speech with the need to protect social harmony.

In the modern context, especially with the rise of digital communication, IPC Section 153B is more relevant than ever. It ensures that inflammatory statements do not disrupt national integration, supporting a peaceful coexistence among India’s varied communities.

FAQs on IPC Section 153B

What does IPC Section 153B cover?

It covers making statements or assertions that promote enmity or hatred between different groups based on religion, race, language, or place of birth.

Is IPC Section 153B a bailable offence?

No, it is generally a non-bailable offence, but bail may be granted at the court’s discretion depending on the case.

Which court tries offences under IPC Section 153B?

Magistrate courts primarily try these offences, though Sessions Courts may handle connected serious cases.

What is the punishment under IPC Section 153B?

The punishment can be imprisonment up to three years, or a fine, or both.

How does IPC Section 153B relate to freedom of speech?

It restricts speech that promotes enmity between groups to protect public order, balancing free speech with social harmony.