Introduction
Indian Penal Code covers almost all the crime happening in the society. It is a piece of British colonial legislation dating from 1860. Now it provides a penal code for the entire country including Jammu and Kashmir, where it was renamed the Ranbir Penal Code (RPC). The code could be applied to any offence committed by an Indian citizen anywhere and on any Indian registered ship or aircraft (This law does not however apply to the armed forces or supersede any other acts). The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Lord Macaulay. The draft, after it underwent a very careful revision, was passed into law in 1860. Indian Penal Code came into force and is regularly amended. The code has a total of 511 Sections covering various aspects of the criminal law. The Code of Criminal Procedure, 1973 deals with many offences. Bailable (the accused has the right to get bail) and non-bailable offences (the decision to grant bail or not is the decision of the court), cognizable (the police officer can arrest an offender without a warrant) and non-cognizable (the police officer cannot arrest without a warrant) offences, compoundable (can be compromised by the parties to the dispute) and noncompoundable (those which cannot be compromised by any means) offences.
THE INDIAN PENAL CODE
Section 124A. Sedition
Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation 1 The expression “disaffection” includes disloyalty and all feelings of enmity.
Explanation 2 Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not
constitute an offence under this section.
Explanation 3 Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
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
(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, [or]
(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.
Offence committed in place of worship, etc. (2) 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.
153B. Imputations, assertions prejudicial to national-integration
(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,
(a) 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
(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, 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
(c) 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 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.
(2) 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 be liable to fine.
