IPC Section 153A

The Supreme Court granted interim bail to the politician who the Assam Police had arrested for alleged hate speech under IPC sections, including 153A, 505, and 295A.

About Section 153A of the Indian Penal Code (IPC)

Origin: In the pre-Independence Rangila Rasool case, the Punjab High Court had acquitted the Hindu publisher of a tract that had made disparaging remarks about the private life of the Prophet and had charged him under Section 153A.
Section 153A of the Indian Penal Code (IPC) penalizes “promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”.
This is punishable with imprisonment up to three years, with a fine, or with both.
The provision was enacted in 1898 and was not in the original penal code.
Section 505, penalizes “statements conducing to public mischief” .
The data from the National Crime Records Bureau (NCRB) show that the rate of conviction for Section 153A is very low.
In 2020, the cases registered were six times higher than the cases in 2014.
However, the conviction rate in 2020 was 20.2%, suggesting that the process often becomes the punishment.

Safeguards against misuse

Section 153A requires prior sanction (before the trial begins, not at the stage of preliminary investigation) from the government for initiating prosecution.
In the Arnesh Kumar v State of Bihar case (2014), the SC laid down a set of guidelines. For instance, the police cannot automatically arrest a suspect before investigation for crimes that carry a punishment of less than seven years.
In 2021, the SC ruled that the state will have to prove intent (to cause disorder or incite people to violence) for securing a conviction under Section 153A.

FAQs about Section 153A of the Indian Penal Code IPC

1. What is Section 153A of the IPC and what does it penalize?

Section 153A of the IPC penalizes the act of promoting enmity between different groups based on religion, race, place of birth, residence, language, etc., and doing acts that are prejudicial to the maintenance of harmony in society. This offense is punishable with imprisonment for up to three years, a fine, or both.

2. When was Section 153A of the IPC enacted and was it part of the original penal code?

Section 153A was enacted in 1898 and was not originally part of the IPC. It was introduced later to address issues related to promoting enmity and disharmony among different groups in society.

3. What is the conviction rate for cases registered under Section 153A?

According to data from the National Crime Records Bureau (NCRB), the conviction rate for cases registered under Section 153A is very low. In 2020, the number of cases registered was six times higher than those in 2014. However, the conviction rate in 2020 stood at 20.2%, indicating that the process itself often becomes a form of punishment.

4. What are the safeguards against misuse of Section 153A?

To prevent potential misuse of Section 153A, the provision requires prior sanction from the government before initiating prosecution. This safeguard ensures that authorities do not file cases indiscriminately and without due consideration.