Legal Provisions of Section 153B of Indian Penal Code, 1860.
Imputations, assertions prejudicial to national integration:
This section punishes imputations and assertions etc. which are prejudicial to national integration, and it was added by the Criminal Law (Amendment) Act, 1972. Like the preceding section, this also has three parts (a), (b), and (c) under subsection (1), and also a sub-section (2). Sub-section (1) (a) says that whoever by spoken or written words, or by signs, or by visible representations or otherwise makes or publishes any imputation that any class of persons cannot bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, by reason of their being members of any religious, racial, language or regional group or caste or community shall be punishable under this section. Sub-section (1) (b) penalises anyone who by spoken or written words, or by signs, or by visible representations, or otherwise asserts, consents, advises, propagates or publishes that any class of persons shall be denied or deprived of their rights as citizens of India, by reason of their being members of any religious, racial, language or regional group or caste or community. Sub-section (1) (c) punishes anyone who by spoken or written words, or by signs, or by visible representations, or otherwise makes or publishes any 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 a thing as mentioned above causes or is likely to cause disharmony of feelings or enmity or hatred or ill-will between such members and other persons. In each of the abovementioned category the punishment prescribed is up to three years, or fine, or both. Under sub-section (2) if an offence falling under any of the abovementioned categories is committed in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, the punishment of imprisonment may extend up to five years and the offender shall also be liable to fine.
ADVERTISEMENTS:
While section 153-A of the Code deals with the offence of promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, and doing acts prejudicial to maintenance of harmony etc., and section 295-A with the offence of deliberate and malicious acts intended to outrage religious feelings of any class, by insulting its religion or religious beliefs, section 153-B deals with the offence of imputations and assertions etc. which are prejudicial to national integration.
In State of Karnataka v. Paster P. Raju, the accused was charged with having committed the offence of instigating Hindus to convert to Christianity. The Supreme Court held that previous sanction of central government under section 196 (1-A), Code of Criminal Procedure, 1973 to prosecute him is necessary only for taking ‘cognizance’ by the court. Bar of sanction will not apply against registration of criminal case or instigation by police agency.
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The police arrested him and produced him before the magistrate who remanded him to judicial custody in accordance with section 167, Code of Criminal Procedure, 1973. Passing of order of remand will not amount to taking of ‘cognizance.’
ADVERTISEMENTS:
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first class.