Section 153 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 153 – Promoting Enmity Between Groups
Basic Text (Paraphrased for Clarity):
Section 153 addresses the offense of promoting enmity, hatred, or ill-will between different groups on certain grounds.
What this Section Covers:
It criminalizes acts or speech that intentionally create hostility or hatred between different groups.
These groups may be based on characteristics like:
Religion,
Race,
Place of birth,
Residence, or
Language.
The goal is to prevent actions that disturb public peace by encouraging divisions or animosity among communities.
Key Elements of the Offense:
Intention or Knowledge:
The accused must have intended or at least known that their words or actions would promote enmity or ill-will between groups.
Groups Affected:
The hostility must be between different identifiable groups based on social, cultural, or regional differences.
Mode of Promotion:
It can be through:
Spoken words,
Written material,
Signs,
Gestures, or
Any other visible representation.
Resulting Effect:
The act should be likely to disrupt harmony or peace within society.
Purpose of the Section:
To maintain public order and social harmony.
To deter inflammatory speech or acts that could escalate tensions between communities.
To protect society from divisive behavior that threatens unity.
Punishment (As per Section):
The law prescribes punishment for this offense, typically involving:
Imprisonment, which may be rigorous or simple,
Fine, or
Both.
The severity reflects the seriousness of promoting communal discord.
Summary Table
| Aspect | Explanation |
|---|---|
| Offense | Promoting enmity, hatred, or ill-will between groups |
| Groups | Based on religion, race, birthplace, residence, language, etc. |
| Mode | Words, writings, signs, gestures, or any visible representation |
| Mental Element | Intent or knowledge to promote enmity |
| Purpose | Preserve public order and prevent social discord |
| Punishment | Imprisonment, fine, or both |
In Simple Terms:
If a person says or does something that they know will create hatred or hostility between communities—like encouraging people to dislike others just because of their religion or language—they can be punished under Section 153.
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