Any criticism of a religion or community is punishable under Section 153A.

Courts have clarified that genuine criticism, academic discussion, or artistic expression isn't covered — the law targets deliberate attempts to incite hatred or violence between groups.

Section 153A only applies to speeches or writings.

It also covers organizing or participating in drills, movements, or activities meant to train people for violence against a religious or social group.

Indian Penal Code, 1860

Section 153A

repealed

Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

Whoever 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 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 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 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.§

Why this exists

Section 153A was introduced during the colonial period and later strengthened after Independence and Partition, when communal violence and hate speech had caused deep social divisions and bloodshed. Lawmakers wanted a tool to prevent speech and actions that could ignite communal riots or organized violence between religious, caste, or linguistic groups, especially given India's diversity and history of communal tension.

How courts read it

Courts, including the Supreme Court, have held that mere criticism or academic discussion of religion or communities does not attract this section — there must be a deliberate intention or clear likelihood of promoting enmity or disturbing public order. Courts have emphasized reading the words or acts in context, looking at their probable effect on public tranquility rather than just their literal content. Judgments have also clarified that the provision protects free speech from being weaponized, while still checking incitement to hatred.

Common misconceptions

Myth: Any criticism of a religion or community is punishable under Section 153A.
Fact: Courts have clarified that genuine criticism, academic discussion, or artistic expression isn't covered — the law targets deliberate attempts to incite hatred or violence between groups.
Myth: Section 153A only applies to speeches or writings.
Fact: It also covers organizing or participating in drills, movements, or activities meant to train people for violence against a religious or social group.