Imputations, assertions prejudicial to national integration
AI Assist
Summary
Making or publishing words, signs, visible representations or electronic messages that claim a whole class cannot be loyal to the Constitution, should be denied citizen rights, or are likely to cause enmity between groups, or spreading false information endangering India’s sovereignty, is an offence. Punishment may be up to three years imprisonment, or fine, or both. If done in a place of worship or during religious worship, imprisonment may extend to five years and fine.
Example
Rohan posts on social media that members of a certain religious community cannot be loyal to the Constitution and urges others to deny them voting and civic rights. He can be prosecuted under this provision and face up to three years imprisonment or a fine or both. If he had made the same statements inside a temple during worship, penalty could be up to five years plus fine.
Bare Act
Enacted text(1) Whoever, by words either spoken or written or by signs or by visible representations or through electronic communication or otherwise,
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(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
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(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
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(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; or
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(d) makes or publishes false or misleading information jeopardising the sovereignty unity and integrity or security of India, 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 also be liable to fine.
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