BACK TO SECTIONS(1997) 7 SCC 431
Non-BailableCognizable: YesMagistrate First Class
THE STATUTE
Original Text
Whoever — (a) by words, either spoken or written, or by signs or by visible representations or through electronic communication 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...
Simplified
Section 153A is India's primary anti-hate speech provision, targeting speech, actions, and communications that promote disharmony, enmity, hatred, or ill-will between different religious, racial, linguistic, regional, caste, or community groups. The provision has TWO PARTS: Part (a) covers words, signs, visible representations, or electronic communication; Part (b) covers acts prejudicial to the maintenance of harmony. A critical requirement is INTENT: the act must be done intentionally or knowingly to promote enmity. Good-faith academic or journalistic discussion of inter-community issues is not Section 153A. The section also covers organising drills or exercises intended to use groups for violence against communities — directly targeting paramilitary organisations that claim to be 'cultural' but are actually training for violence.
Legal Evolution
In Bilal Ahmed Kaloo v. State of AP (1997), the Supreme Court held that a speech does not attract 153A unless it promotes enmity between two identifiable communities as groups — vague and general statements against a broad category are insufficient. The provision has been heavily criticised for selective enforcement along political lines.
Landmark Precedents
Bilal Ahmed Kaloo v. State of AP (1997)
RELEVANCE
Statement must target and incite enmity between two identifiable communities — vague commentary about a broad category is insufficient for Section 153A.
Practical Scenarios
"Posting a video claiming one religious community is responsible for crime in India — Section 153A if intent to promote enmity is shown."
"Publishing a pamphlet calling members of a linguistic group 'outsiders' who should be expelled — Section 153A."
"A politician's speech inciting voters of one community to retaliate against another — Section 153A."
Common Queries
No. Section 153A requires INTENT to promote enmity between specific communities. Good-faith academic discussion, journalistic reporting, or historical analysis does not attract 153A.
Yes — social media posts, WhatsApp forwards, YouTube videos, and tweets that promote hatred or enmity between communities are covered. The BNS explicitly adds 'electronic communication' to the definition.