IPC Section 153B — Imputations, assertions prejudicial to national integration

Summary

This section makes it a crime to say or write things that harm national unity. It is illegal to claim that any group of people, because of their religion, race, language, region, caste, or community, cannot be loyal to India’s Constitution or its sovereignty and integrity. It is also illegal to say that any such group should be denied their rights as citizens, or to make statements about their duties that could create hatred or ill-will between them and others. The punishment for this is up to three years in prison, a fine, or both. If the offence is committed in a place of worship or during a religious ceremony, the punishment increases to up to five years in prison, along with a fine.

Official Text

Whoever, by words either spoken or written or by signs or by visible representations or otherwise:
makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or
asserts, counsels, advises, propagates or publishes that any class of persons by reason of their being members of any religious, racial, language or regional group or caste or community be denied, or deprived of their rights as citizens of India, or
makes or publishes and assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
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.

Referred to by

• CrPC §196 — Prosecution for offences against the State and for criminal conspiracy to commit such offence

Related Judgments

• 9/4, Bradys Flats, S.B. Road; Colaba, Mumbai – 400 005.; ) .. vs 1 State of Maharashtra, ), 2 Marine Drive Police Station,, Mumbai — Bombay High Court (Mumbai Principal Seat) (2010)
• Thiru.K.Ponmudi vs 1. State rep. by, Inspector of Police,, Town Police Station,, Thiruva — Madras High Court (Principal Bench, Chennai) (2022)
• 1.M.Habibulla; 2.K.Sulaiman; 3.M.Asan Batcha; 4.S.Abdul Rehuman vs 1.The Inspector of Police,, Vilakkuthoon Police Station,, Madurai City — Madras High Court (Madurai Bench) (2023)
• 2.Dr.R.Lakshmipathy; 3."Dinamalar" Tamil Daily; Rep by its Publisher; vs K.S.Selvakumar — Madras High Court (Principal Bench, Chennai) (2018)

Old <-> New Code Mapping

• BNS §197 — Imputations, assertions prejudicial to national integration