Section 153A of the Indian Penal Code (IPC)

Context: Recently,  a  Congress leader was booked under IPC sections including 153A, 505, and 295A.

About Section 153A of the Indian Penal Code (IPC):

• Origin: In the pre-Independence Rangila Rasool case, the Punjab High Court had acquitted the Hindu publisher of a tract that had made disparaging remarks about the private life of the Prophet, and had been charged under Section 153A.
• Section 153A of the Indian Penal Code (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”.
• This is punishable with imprisonment up to three years, with a fine, or with both.
• The provision was enacted in 1898 and was not in the original penal code.
• Section 505, penalizes “statements conducing to public mischief” .
• The data from the National Crime Records Bureau (NCRB) show that the rate of conviction for Section 153A is very low.
• In 2020, the cases registered were  six times higher than the cases in 2014.
• However, the conviction rate in 2020 was 20.2%, suggesting that the process often becomes the punishment.

Safeguards against misuse of Section 153 A:

• Sections 153A and 153B require prior sanction from the government for initiating prosecution.
• This is required before the trial begins, and not at the stage of preliminary investigation.
• To curb indiscriminate arrests, the Supreme Court laid down a set of guidelines in its 2014 ruling in Arnesh Kumar v State of Bihar.
• According to this, for offenses that carry a sentence of fewer than seven years, the police cannot automatically arrest an accused before investigation.
• In a 2021 ruling, the SC said that the state will have to prove intent for securing a conviction under Section 153A.

Source: THE INDIAN EXPRESS

Previous Year Questions

Q.1) With reference to India, consider the following statements: (2022)

1. When a prisoner makes out a sufficient case, parole cannot be denied to a such prisoner because it becomes a matter of his/her right.
2. State Governments have their own Prisoners Release on Parole Rules.

Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Q.2) With reference to India, consider the following statements: (2022)

1. Judicial custody means an accused is in the custody of the concerned magistrate and such an accused is locked up in a police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2