Why Section 153A of IPC is not about religion 

Since its debut, Section 153A of the Indian Penal Code has drawn criticism from many for what they claim is improper application. Despite such apprehension, it is a lawful and necessary instrument for law enforcement agencies for taking against offenders whose goal is to disturb public order, nevertheless,

According to the National Crime Records Bureau (NCRB) report, 1048 case were registered across India under Section 153A in 2021. Though 2021 saw a slight dip from 2020 when 1,804 cases were registered, this is a massive jump from 323 cases witnessed in 2014.

The intent of Section 153 A of IPC is to punish anyone who engages in the wilful denigration of, or attacks on, any race, religion, national origin, place of residence, language, or another characteristic of any particular group or class or upon any person. The objective of this section is to combat attempts to violate the peace and quiet of the people.

Some people have also misinterpreted this passage, insisting that it applies to offences relating to religion. However, as would be obvious, it has been added to Chapter VIII of the Indian Penal Code, which deals with “offences against public tranquillity”, rather than Chapter XV, which deals with “offences against religion”.

The Hon'ble Supreme Court in the case of Manzar Sayed Khan and Ors V/s State of Maharashtra (2007) 5SCC 1 had observed that the gist of the offence u/s 153 A IPC is to promote enmity between different groups/classes of people.

The sine qua non of the offence under Section 153 A IPC is the purpose of producing disorder or inciting the populace to violence, and the offender's intention must be assessed principally by the content of his statements, writings, as well as the circumstances under which they were made public.

Therefore, the law must intervene to stop such behaviour if it is made clear to the law enforcement authorities that a post, comment, written word, etc. have been made and that it has the potential to cause a public commotion, disturb law and order, or affect public peace. Then, it would be possible to file a case under Section 153 A of the IPC and begin appropriate legal proceedings against the offender.

The author is the joint commissioner of Guwahati police. This is his personal opinion.