Indian Penal Code, 1860 · Chapter VIII: Of Offences against the Public Tranquillity
Section 153A: Promoting enmity between different groups on grounds of religion, race, place of birth, residence
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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.]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 153A
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Mamman Khan v. State of Haryana
Issue arose whether the orders of the trial court, as affirmed by the High Court, directing segregation of the appellant’s trial from that of the co-accused and requiring the filing of a separate charge sheet solely on…
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Imran Pratapgadhi v. State Of Gujarat and Anr.
Whether on facts, the offences punishable under Sections 196, 197, 299 and 302 of the BNS as alleged, were made out against the appellant, a Member of Rajya Sabha; whether the High Court erred in rejecting the petition…
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Agency Chennai Branch v. Barakathullah etc.
The respondents-accused were arrested for the alleged offences under section 120(b), 153(A), 153(AA) of IPC and Section 13, 17, 18, 18(B), 38 and 39 of the Unlawful Activities (Prevention) Act, 1957. The High Court…
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Prabir Purkayastha v. State (NCT of Delhi)
Whether the arrest and subsequent remand of the accused-appellant was vitiated as the copy of the remand application was not provided to him or his counsel before passing of the order of remand thus, not informing him…
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Javed Ahmad Hajam v. State of Maharashtra & Anr.
High Court whether justified in dismissing the writ petition filed by the appellant for quashing the FIR filed against him for the offence punishable u/s.153-A, Penal Code, 1860.
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Gurwinder Singh v. State of Punjab & Another
Whether the High Court was justified in upholding the order passed by the Special Judge, rejecting the application filed u/s. 439 CrPC by the appellant seeking regular bail in a case registered under the Unlawful…
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State of Karnataka v. T. Naseer @ Nasir @ Thandiantavida
The High Court rejected the applications filed by the prosecution u/s. 311 of the Cr.P.C., seeking recall of PW-189 and to permit the prosecution to produce the report and the certificate u/s. 65B of the Evidence Act,…
- Dinganglung Gangmei v. Mutum Churamani Meetei
- Arup Bhuyan v. State of Assam & Anr.
- Kaushal Kishor v. State of Uttar Pradesh & Ors.
- Mohammed Zubair v. State of NCT of Delhi & Ors
- Mohammad Irfan v. State of Karnataka
- Zakia Ahsan Jafri v. State of Gujarat & Anr.
- Vinod Dua v. Union of India & Ors.
- Gautam Navlakha v. National Investigation Agency
- Patricia Mukhim v. State of Meghalaya & Ors.
- Union of India v. K. A. Najeeb
- Amish Devgan v. Union of India and Others
- Arnab Manoranjan Goswami v. The State of Maharashtra & Ors.
- Arnab Ranjan Goswami v. Union of India and Ors.
- State of Uttar Pradesh v. Wasif Haider Etc.
- Kodungallur Film Society & Anr. v. Union of India & Ors.
- Romila Thapar and Ors. v. Union of India and Ors.
- Janabai v. Additional Commissioner and Others
- Tehseen S. Poonawalla v. Union of India and Others
- Ganga Malik v. Union of India & Ors.
- State (Through) Central Bureau of Investigation v. Shri Kalyan Singh (Former Cm of Up) & Ors.
- Abhiram Singh v. C.D. Commachen (Dead) by Lrs. & Ors.
- Sri Aurobjndo Ashram Trust and Ors. v. R. Ramanathan and Ors.
- Prasad Shrikant Purohit v. State of Maharashtra & Anr
- Adambhai Sulemanbhai Ajmeri & Ors. v. State of Gujarat
- Mohd. Haroon & Ors. v. Union of India & Anr.
- Jakia Nasim Ahesan & Anr. v. State of Gujarat & Ors.
- Abubucker Siqqique and Anr. v. The State Represented by the Deputy Superintendent of Police, Cbl/Scb/Chennai, Tamil Nadu
- Sajjan Kumar v. Central Bureau of Investigation
- State of Maharashtra & Ors. v. Sangharaj Damodar Rupawate & Ors.
- S. Khushboo v. Kanniammal and Anr.
- Manzar Sayeed Khan & Anr. v. State of Maharashtra & Anr.
- Sri Baragur Ramachandrappa and Ors. v. State of Karnataka and Ors.
- Manzar Sayeed Khan v. State of Maharashtra and Anr.
- Mohd. Aslam @ Bhure v. State of U.P. and Ors.
- Ranjitsing Brahmajeetsing Sharma v. State of Maharashtra and Anr.
- Abdul Nazar Madani Etc v. State of Tamil Nadu and Anr.
- State Through Superintendent of Police, Cbi/Sit Etc. v. Nalini and Ors. Etc. Etc.
- Bilal Ahmad Kaloo v. State of Andhra Pradesh
- Dr. Ramesh Yeshwant Praboo v. Shri Prabhaker Kashinath Kunte and Ors.
- Balwant Singh and Anr v. State of Punjab