CHAPTER VIII OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

Section 153A: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

¹[(1) Whoever—

(a) by words, either spoken or written, or by signs or by visible representations 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, or

(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, ²[or]

²[(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,]

shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(2) Offence committed in place of worship, etc.—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.]

Footnotes in the official text

1.Subs. by Act 35 of 1969, s. 2, for section 153A (w.e.f. 4-9-1969).
2.Ins. by Act 31 of 1972, s. 2 (w.e.f. 14-6-1972).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

BNS 196

Questions on this section

4 questions in 19 of our papers cite Section 153A. Try these from the free papers:

1. In Bilal Ahmed Kaloo v. State of A.P. (1997), the Supreme Court explained the offence of promoting enmity between different groups under Section 153A of the Indian Penal Code (now Section 196 of the Bharatiya Nyaya Sanhita, 2023). According to that decision:
2. An offence under Section 196(1) BNS (promoting enmity between different groups), if committed in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, is punishable under Section 196(2) with
3. According to Imran Pratapgadhi v. State of Gujarat (2025), when an offence under Section 196 of the BNS is alleged on the basis of spoken or written words, the effect of the words must be judged by the standard of:

Practise questions on Criminal Law