Section 153A IPC (Promoting Enmity Between Groups): Explained (2026)

Explainer · Criminal Law

Updated for 2026 · Claw Editorial

Section 153A IPC is one of the most discussed provisions in Indian criminal law, because it sits where free speech meets public order. People searching for it usually want a clear answer to a few questions: what exactly is the offence, is it bailable, who can start a case, and what replaced it under the new criminal codes. This page explains the section in plain language. It is general information, last verified in October 2026, and not legal advice for any specific case.

01What Section 153A says

Section 153A of the Indian Penal Code, 1860 punishes anyone who, by words (spoken or written), signs, or visible representations, promotes or tries to promote disharmony, enmity, hatred or ill will between different groups. The groups can be defined by religion, race, place of birth, residence, language, caste or community, or any other ground.

In simple words: the law is aimed at speech or acts that try to turn one group against another. It is not aimed at criticism, debate, or a sharp opinion on its own.

02The main parts of the offence

The section has two broad limbs, plus a heavier version for certain places.

1. Promoting enmity between groups

This covers words, signs or visible representations that promote, or try to promote, disharmony, enmity, hatred or ill will between groups on the grounds listed above.

2. Acts prejudicial to harmony

This covers acts that are prejudicial to the maintenance of harmony between groups and that disturb, or are likely to disturb, public tranquillity. This limb is about acts and their effect on public order.

3. Organising drills or movements

The section also covers organising an exercise, movement, drill or similar activity with the intention that participants will use criminal force or violence against a group, or knowing that it is likely they will.

4. The aggravated form in a place of worship

If the offence is committed in a place of worship, or in a gathering held for religious worship or religious ceremonies, the punishment is higher.

03Punishment, cognizable and non-bailable

The usual offence is punishable with imprisonment up to three years, or with fine, or with both. The aggravated form in a place of worship or religious gathering is punishable with imprisonment up to five years and also fine.

Non-bailable does not mean bail is refused. It means the accused has to apply and the court uses its discretion, looking at the facts, the nature of the material, and the stage of the case. A person who fears arrest can also consider seeking anticipatory bail, depending on the facts.

04Sanction to prosecute

This is a point many people miss. Under Section 196 of the Code of Criminal Procedure, 1973, a court cannot take cognizance of an offence under Section 153A unless the Central Government or the State Government has given prior sanction. The police can investigate, but the case cannot move forward to trial without that sanction.

The reason is simple. The offence deals with speech and public order, so the law adds a check by the government before a prosecution starts, to reduce frivolous or motivated cases. A missing or defective sanction can be a ground to challenge the proceedings.

Under the new procedural code, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the same idea of prior sanction continues. Check the current bare act for the exact section number.

05What courts look for

The Supreme Court has repeatedly said that Section 153A must be read carefully so it does not choke free speech. A few ideas come up again and again in judgments.

• Intention matters: courts have held that the prosecution must show an intention to promote enmity or ill will between groups. A statement that merely offends someone is not enough on its own.
• Two or more groups: the section is about enmity between groups, so the words or acts must relate to at least two groups.
• The whole statement is read: courts look at the full context, the speaker, the audience, and the likely effect, not isolated lines.
• A reasonable person test: the effect is judged by the standards of a reasonable, strong-minded person, not a very sensitive one.

Because each case turns on its own words and facts, always read the latest High Court and Supreme Court rulings on the exact point before relying on any of these ideas.

06BNS equivalent: Section 196

The Bharatiya Nyaya Sanhita (BNS), 2023 replaced the IPC for offences committed on or after 1 July 2024. Section 153A IPC now corresponds to Section 196 BNS, titled promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

The core offence, the list of grounds, and the punishment are broadly carried over. Section 196 BNS is also cognizable and non-bailable.

Which code applies depends on the date of the alleged offence. Older matters continue under the IPC, while offences on or after 1 July 2024 fall under the BNS. Many pending cases and older judgments still refer to Section 153A, so both numbers matter in research.

07Related sections people confuse with 153A

Section 153A is often charged along with other speech and conduct provisions. They are different offences with different elements.

• Outraging religious feelings: a deliberate act to insult religion or religious beliefs. See Section 295A IPC explained.
• Insulting the modesty of a woman: a very different offence about words or gestures aimed at a woman. See Section 509 IPC explained.

If you are a student or junior advocate learning how to research these sections, see our guide to AI tools for law students and junior advocates.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For a section like 153A, the practical work is finding the right Supreme Court and High Court rulings on intention, sanction and bail, and then keeping track of your matter. Claw’s case search covers 25 High Courts and the Supreme Court, with semantic search and verified citations, and its case management follows hearings and dates. Claw does not use customer case documents to train AI models. Claw has a free plan for individual advocates. It does not replace your own reading of the judgment or your professional judgement.

09Sources and further reading

• India Code (bare acts, IPC, BNS, CrPC, BNSS): indiacode.nic.in
• Supreme Court of India (official judgments): sci.gov.in
• Claw: clawlaw.in

This page is general information, last verified in October 2026. Confirm section text and recent rulings from the official sources before relying on them.

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