Imputations, assertions prejudicial to national integration
AI Assist
Summary
Making or publishing words, signs or visible representations that a class of people (by religion, race, language, region or caste) cannot be loyal to the Constitution, cannot uphold India’s sovereignty, or should be denied citizen rights, and which causes or is likely to cause disharmony or hatred, 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, punishment may extend to five years plus fine.
Example
Priya distributes panchas claiming a local religious community cannot be loyal to the Constitution and urging others to deny them civic rights. Because this imputes disloyalty and is likely to cause enmity, Priya can face up to three years imprisonment or a fine; if she hands them out during a religious service, the term can go 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 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 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, 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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