Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of Shiv Prasad Semwal v. State of Uttarakhand & Ors., has held that for applying Section 153A of the Indian Penal Code, 1860(IPC) the presence of two or more groups or communities is essential.

What was the Background of Shiv Prasad Semwal v. State of Uttarakhand & Ors.?

• In this case, the complainant had formed a trust by the name, Savara Foundation of which he is the founder and also the Chairman of the Board of Trustees.
• The complainant had planned a foundation stone laying ceremony of Matra Ashraya-A collection museum to be done by the Hon’ble Chief Minister of Uttarakhand. The event was scheduled for 20^th March 2020.
• In order to blackmail the complainant, the appellant published a news article in the e-newspaper Parvatjan, edition dated 17^th March 2020 wherein it was portrayed that the land on which the foundation stone was proposed to be laid was Government land which had been unlawfully occupied/encroached upon by the complainant. The complainant alleged that even his invitation was published in the defamatory news article.
• The appellant filed Criminal Writ Petition in the High Court of Uttarakhand claiming to be completely innocent and taking a plea that the allegations made in the FIR for the offences punishable under Section 153A of the IPC,did not disclose commission of any cognizable offence.
• The High Court proceeded to dismiss the criminal writ petition filed by the appellant.
• Thereafter, an appeal was filed before the Supreme Court which was later allowed by the Court.

What were the Court’s Observations?

• The Bench Comprising Justices BR Gavai and Sandeep Mehta observed that from a bare reading of the language of Section 153A of IPC, it is clear that in order to constitute such offence, the prosecution must come out with a case that the words 'spoken' or 'written' attributed to the accused, created enmity or bad blood between different groups on the ground of religion, race, place of birth, residence, language, etc., or that the acts so alleged were prejudicial to the maintenance of harmony.
• It was further held that for applying Section 153A of IPC, the presence of two or more groups or communities is essential, whereas in the present case, no such groups or communities were referred to in the news article.

What is Section 153A of IPC?

About:

• Section 153A of the IPC penalizes 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 provision was not in the original penal code and was introduced in 1898.

Legal Provision:

• This Section states that—

(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, racials, 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 tranquility, 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.

Objective:

• The purpose of this Section is to punish persons who indulge in wanton vilification or attacks upon the religion, race, place of birth, residence, language etc. of any particular group or class or upon the founders and prophets of a religion.

Section 196 of Bharatiya Nyaya Sanhita, 2023 (BNS):

• Section 196 of BNS addresses the same concerns as addressed under Section 153A of IPC but extends to include electronic communication as a means of promotion, covering a broader spectrum of communication methods.