Section 153A Of The Indian Penal Code:
The Supreme Court reiterated that to constitute an offence under Section 153A of the Indian Penal Code, the essential ingredient is to create a sense of enmity and disharmony amongst two or more groups or communities.
- Section 153A of the IPC attempts to punish those who engage in promoting any kind of enmity among different groups on the basis of religion, caste, race, place of birth or residence or even language.
- The provision puts a liability on those who:
- Spread enmity in the form of words (spoken or written), visual representations, and signs with the intention of causing disharmony, hatred, or disturbance among people belonging to different groups, religions, castes, or communities.
- Spread disharmony and disturb the public tranquility of the people belonging to different racial and religious groups.
- Aid in the organising of certain movements, drills that encourage as well as train the participants of such movements to use criminal force and violence upon people belonging to other racial and religious groups and communities.
- The offence is a cognizable offence and the punishment for the same may extend to three years, or with fine, or with both.
- Further, the offence under Section 153A is non-bailable in nature, wherein the accused is tried by the magistrate of the first class.
- However, the punishment of the offence committed in a place of worship is enhanced up to five years and a fine.
