Indian Penal Code, 1860
Section 153B
repealedImputations, assertions prejudicial to national integration
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.
Why this exists
Section 153B was added to the Indian Penal Code in 1972, in a period of concern over communal tensions and regional separatist movements after independence. Lawmakers wanted to criminalize not just direct incitement to violence (already covered by related provisions like 153A) but also more subtle claims that entire communities are disloyal, undeserving of citizenship rights, or bound by hostile obligations. The goal was to protect India's pluralistic social fabric—given its many religions, languages, and castes—by discouraging propaganda that questions any group's loyalty or rights based on identity.
Common misconceptions
- Myth: This section bans any criticism of a religion or community.
Fact: It targets claims that a group is inherently disloyal to India or should be denied citizenship rights—not general criticism or debate about beliefs or practices. - Myth: Any offensive statement about a caste or religion automatically qualifies.
Fact: The law requires that the statement actually causes or is likely to cause disharmony, hatred, or enmity between groups—not just that it's offensive to some.