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News: The Supreme Court, in a recent judgement, clarified that to constitute an offence under Section 153A of the Indian Penal Code, the essential requirement is to incite enmity and disharmony among different groups or communities.
What is Section 153A of the Indian Penal Code?
Section 153A of the Indian Penal Code (IPC) deals with promoting enmity between different groups based on religion, race, place of birth, residence, language, caste, or community. It also addresses acts that are prejudicial to maintaining harmony.
Offences covered
Promoting Disharmony: Anyone who, by words (spoken or written), signs, visible representations, or other means, promotes or attempts to promote disharmony or feelings of enmity, hatred, or ill-will between different religious, racial, language, or regional groups or castes or communities.
Prejudicial Acts: Committing any act that is prejudicial to the maintenance of harmony between different groups, which disturbs or is likely to disturb public tranquillity.
Organizing Activities: Organizing exercises, movements, drills, or similar activities with the intention that participants will use or be trained to use criminal force or violence against any religious, racial, language, or regional group or caste or community.
Punishment
Imprisonment: Offenders can be punished with imprisonment for up to three years or fined, or both.
Place of Worship: If the offence occurs in a place of worship or during religious ceremonies, the punishment can extend to five years of imprisonment along with a fine
Application of the law
Hate speech laws have been invoked under different regimes to crack down on criticism of public functionaries and to arrest individuals. For example, a Marathi actor was arrested (booked under Section 153A of the IPC) last year, for a Facebook post allegedly defaming an NCP leader.
According to the NCRB data, the rate of conviction for Section 153A is very low. In 2020, 1,804 cases were registered (six times higher than in 2014), however, the conviction rate was 2%.
What are the safeguards available against its 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) to secure a conviction under Section 153A.
Address : 506, 3rd EYE THREE (III), Opp. Induben Khakhrawala, Girish Cold Drink Cross Road, CG Road, Navrangpura, Ahmedabad, 380009.
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Telephone : 079-40098991
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