CLASSIFICATION
OF OFFENCE
Punishment- Imprisonment for life, or imprisonment for 10 years and fine- Cognizable- Non-bailable- Triable by Court of Session- Non- compoundable.
122. Collecting arms, etc ., with intention of waging war against the Government of India.- Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to war against the 1[Government of India] , shall be punished with 2[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 3[and shall also be liable to fine].
Punishment- Imprisonment for life, or imprisonment for 10 years and fine- Cognizable – Non-bailable- Triable by Court of Session – Non- compoundable.
123. Concealing with intent to facilitate design to wage war.- Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the 3[Government of India],intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate , the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
______________________________________________________
15. Ins. by Act 16 of 1921, sec. 3, for “and
shall forfeit all his property”.
1.
Subs.
by the A.O 1950, for “Governor
General”.
2.
Subs.
by Act 3 of 1951,sec 3 and Sch., for ”Governor”
3.
The
words “or Rajpramukh” omitted by the
A.O.1956.
CLASSIFICATION OF OFFENCE
Punishment- Imprisonment for 10 years and fine- Cognizable – Non-bailable- Triable by Court of Session – Non- compoundable.
124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.- Whoever, with the intention of including if including or compelling the 1[President] of India, or the 2[Government3[***]] of any 4[State],5[***] 6[***] 7[***] to exercise or refrain from exercising in any manner any of the lawful posers of such 8[President or 2[ Governor 3[***]],
assault or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by mans of criminal force or the show of criminal force, or attempts so to overawe, such 8[President or 2[Governor 3[***]], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
_________________________________________________________
1.
Subs.
by the A.O 1950, for “Governor General”.
2.
Subs
by Act 3 of 1951, sec. 3 and Sch., for “Governor”.
3.
The words “ or Rajpramukh” omitted by the
A.O.1956.
4.
Subs.
by the A.O. 1950, for “ Province” which had been subs. by the A.O 1937, for “Presidency”.
5.
The words” or a Lieutenant-Governor” omitted by
the A.O. 1937.
6.
The
words “or a Member of the Council of
the Governor General of India “ omitted by
7.
The
words “or of the Council or any Presidency” omitted by the A.O. 1937.
8.
The original words” Governor General, Governor,
Lieutenant –Governor or Member of
Council” have successful been amended by the A.O. 1937, the A.O. 1948
and the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.
Punishment- Imprisonment for life, or imprisonment for 7 years and fine- Cognizable – Non- bailable –Triable by Court of Session- Non- compoundable.
9[124A. Sedition.- Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 10[***] the Government established by law in 11[India]. 12[***] shall be punished with 13[imprisonment for life], to which fine by law in 11[ India], 12[***] shall be punished with 13[imprisonment for life] , to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added , or with fine.
Explanation 1.- The expression ”disaffection” includes disloyalty and all fallings of enmity.
_______________________________________________________________
9.
Subs.
by Act 4 of 1989,sec. 4 for the original section 124A which had been ins. by
Act 27 of 1870, sec. 5.
10.
The
words” Her Majesty or” omitted by the A.O. 1950. The words” or the Crown Representaive ins. after the word
”Majesty” by the A.O 1937 were omitted
by the A.O. 1948.
11.
The
words “British India” have successively been subs. by the A.O. 1948, the
A.O. 1950 and Act 3 of 1951,
sec.3 and Sch. To read as above.
12.
The
words” or British India” ins. by the A.O. 1937 omitted by the A.O. 1948.
13.
Subs. by Act 26 of 1955, sec. 177 and Sch., for “
transportation for life or any shorter term” (w.e.f 1-1-1956).
Explanation 2.- Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means , without exciting or attempting to excite hatred , contempt or disaffection, do not constitute an offence under this section.
Explanation 3.- Comments expressing disapprobation of the administrative or other action of attempting to excite haltered, contempt or disaffection, do not constitute an offence under this section .
CLASSIFICATION
OF OFFENCE
Punishment- Imprisonment for life and fine, or life and fine, or imprisonment for 3 years and fine, or fine- Cognizable- Non- bailable-Triable by Court of Session-Non-compoundable.
COMMENTS
(i) The offence of sedition under section 124A is the doing of certain acts which would bring the Government established by law in India into hatred or contempt , or create disaffection against it; Bilal Ahmed Kaloo v. State of Andhra Pradesh ,(1997) Supreme Today 127.
(ii) Cassettes were heard by accused of speech of Sant Jarnail Singh Bhinderwale, held no commission of offence is said to be made out;Balbir Singh v. State of Punjab, 1999 (5) SCC 682 ; 1999 SCC (Cr)1030.
125. Waging war against any Asiatic power in alliance with the Government of India.- Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the 1[Government of India]or attempts to eage such war, or abets the waging of such war, shall be punished with 2[imprisonment for life],
_________________________________________________________
1.
Subs.
by the A.O. 1950, for “Queen”
2. Subs. by Act 26 of 1955, sec.117 and Sch., for “transportation
for life”(w.e.f.1-1-1956
to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.
CLASSIFICATION OF OFFENCE
Punishment- Imprisonment for life, or imprisonment for 7 years and fine- Cognizable – Non- bailable –Triable by Court of Session- Non- compoundable.
126. Committing depredation on territories of power at peace with the Government of India.- Whoever commits depredation , or makes preparation to commit depredation, on the territories of any power in alliance or at peace with t 1[ Government of India], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of anu property used or intended to be used in committing such depredation, or acquired by such depredation.
CLASSIFICATION OF OFFENCE
Punishment- Imprisonment for life and fine, or life and fine, or imprisonment for 7 years and fine, or fine- Cognizable- Non- bailable-Triable by Court of Session-Non-compoundable.
127. Receiving property taken by war on depredation mentioned in sections 125 and 126. Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.
CLASSIFICATION OF OFFENCE
Punishment- Imprisonment for life and fine, or life and fine, or imprisonment for 7 years and fine, or fine- Cognizable- Non- bailable-Triable by Court of Session-Non-compoundable.
128. Public servant voluntarily allowing prisoner of State or war to escape - Whoever, being a pubic servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with 1[imprisonment for life], or imprisonment of either description for a term which may extend to then years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment- Imprisonment for life and fine, or life and fine, or imprisonment for 10 Years and fine, or fine- Cognizable- Non- bailable-Triable by Court of Session-Non-compoundable.
129. Public servant negligently suffering such prisoner to escape.- Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prosoner to escape from any palce of confinement in which such prosoner is confined, shall be punished with somple imprisonment for a term which may extend to three years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment- Simple Imprisonment for 3years and fine- Cognizable- Non- bailable-Triable by Court or Session- Non- compoundable.
130 Aiding escape of , rescuing or harbouring such prisoner.- Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to offer any resistance to the recapture of such prisoner, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to then years, and shall also shall also be liable to fine.
____________________________________________________________
1.
Subs.
by Act 26 of 1955, sec. 117 and such., for “transportation for
life”(w.e.f.1-1-1956)
Explanation.- A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 2[India], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
CLASSIFICATION OF OFFENCE
Punishment- Imprisonment for life or imprisonment for 10 Years and fine- Cognizable- Non- bailable-Triable by Court or Session- Non- compoundable.
OF
OFFENCES RELATING TO THE ARMY 1[
NAVY AND AIR FORCE]
131. Abetting mutiny, or attempting to deduce a soldier , sailor of\r airman from his duty –Whoever abets the committing of mutiny by an officer, soldier, 2[ sailor or airman], in the Army , 3[Navy or Air Force] of the 4[Government of India] or attempts to seduce any such officer, sildier,5[sailor or airman] for, his allegiance or his duty, shall be punished with6[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine
7[Explanation.- In this section the words” officer”,8[“soldier”,9[“solider] and “airman”] include any person subject to the 10[Army Act, 11[ the Army Act, 1950(46 of 1950, 9[the Naval Discipline Act, 12[***] the 13[ Indian Navy(Discipline) Act, 1934 (34 of 1934)] 14[ the Air Force Act or 15[the Air Force Act, 1950(45 of 1950)], as the case a may be]] _______________________________________________________
1.
1.Subs.
by Act 10 of 1927, sec 2 and Sch.1, for “and Navy”.
2.
Subs.
by Act 10 of 1927, sec 2 and Sch.1, for “or sailor”.
3.
Subs.
by Act 10 of 1927, sec 2 and Sch.1, for “Navy”.
4.
Subs
by the A.O. 1950 of ”Queen”.
5.
Subs.
by Act 10 of 1927, sec2 and Sch.I, for “or
sailor”.
6.
Subs
by Act 26 of 1955, sec 117and Sch., for “transportation for
life”.(w.e.f.1-1-1956).
7.
Ins.
by Act 27 of 1870 ,sec.6.
8.
Subs.
by Act 10 1927,sec.2 and Sch.I, for “ and soldier”.
9.
Ins.
By Act 35 of 1934, sec. 2 and sch.
10.
Subs.
by Act 10 of 1927, sec 2 and Sch.1, for “Aritcles of War for the better
government of Her Majesty’s Army, or to the Articles of war contained in Act
No.5 of 1869”.
CLASSIFICATION OF OFFENCE
Punishment-Death,or Imprisonment for life or imprisonment for 10 Years and fine- Cognizable- Non- bailable-Triable by Court or Session- Non- compoundable
133. Abetment of assault by soldier, sailor or airman on his superior officer when in execution of his office.- Whoever abets an assault by an officer, solder, 2[sailor or airman], in the Army, 1[Navy or Air force] of the 4[Government of India], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 3years and fine- Cognizable- Non- bailable-Triable by Court or Session- Non- compoundable.
134. Abetment of such assault , if the assault is committed.- Whoever abets an assault by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of India], on any superior officer being in the execution of his office, shall ,if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
__________________________________________________________
11. Subs. by Act 3 of 1951,sec,3
and Sch. for “the Indian Army Act, 1911”.
12. Teh words” or that Act as modified
by” omitted by the A.O. 1950.
13. Now see the Navy Act, 1957 (62 of 1957).
14.
Subs. by Act 14 of 1932,sec,130 and
Sch., for “or the Air Force Act”.
15. Subs. by Act 3 of 1956,sec, and Sch.,
for “ the Indian Air Force Act 1932”.
Punishment-Imprisonment for 7 years and fine- Cognizable- Non- bailable-Triable by Magistrate- Non- compoundable.
135. Abetment of desertion of soldier, sailor or airman.- Whoever abets the desertion of any officer, soldier, 1[ sailor or airman], in the Army ,2[Navy or Air Force] of the 3[Government of India] , has deserted, harbours such officer, soldier, 1[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Exception.- This provision does not extend to the case in which the harbour is given by a wife to her husband.
Punishment-Imprisonment for 2 years and fine- Cognizable- Non- bailable-Triable by Magistrate- Non- compoundable.
136. Harbouring deserter.- Whoever, except as hereinafter expected, knowing or having reason to believe that an officer, solider , 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of India], has deserted, harbours such officer, sildier,1[sailor or airman], shall be punished with imprisonment or either description for a term which may extend to two years, or with fine or with both.
Exception.- This provision does not ext+end to the case in which the harbour is given bya wife to her husband.
. Punishment-Imprisonment for 2 years and fine, or both- Cognizable- Non- bailable-Triable by Magistrate- Non- compoundable
137. Deserter concealed on board merchant vessel through negligence of master - The master or person in charge of a merhant vessel. On board of which any deserter from the Army, 2[Navy or Air Force] of the 3[Government of India] is conceled, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but some want of discipline on board on board of the vessel.
_________________________________________________________
CLASSIFICATION OF OFFENCE
Punishment-Fine of 500 rupees- Non-Cognizalbe-Bailable-Triable by any Magistrate- Non-compoundable
138. Abetment of act of insubordination by soldier, sailor or airman.- Whoever abets what he knows to be an act of insubordination by an officer soldier, 1[sailor or airman], in the Army ,2[Navy or Air Force] of the 3[Government of India], shall , if such act of insubordination be committed in consequence of that abetment , be punished with imprisonment of either description for a term which may extend to sox months, or with fine , or with both.
Punishment-Imprisonment for 6 months ,or fine, or both- Cognizable- Bailable- e-Triable by Magistrate- Non- compoundable.
4[138A. Application of foregoing sections to the Indian Marine Service.-[Rep. By the Army Act, 1934(35 of 1934), sec. 2 and Sch.].]
139. Persons subject to certain Acts.- No person subject to [5 the Army Act, 6[ the Army Act, 1950 (46 of 1950), or the Naval Discipline Act, 7[8[***] 9[the Indian Navy(Discipline) Act, 1934 (34 of 1934)], 10[the Air Force Act 11[the Air Force Act, 1950(45of 1950)]]], is subject to punishment under thisCode for any of the offence defined in this Chapter.
__________________________________________________________
140. Wearing garb or carrying token used by soldier or airman.- Whoever, not being a soldier,1[sailor or airman], in the Military, 2[Naval or Air] Service of the3[Government of India], ears any garb or carries any token resembling any garb or token used by such a soldier, 1[sailor or airman], with the intention that it may be believed that he is such a soldier, 1[sailor or airman], shall be punished with imprisonment of either description for a term which may extend to there months, or with fine which may extend to five hundred rupees, or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 3 months ,or fine of 500rupess, or both- Cognizable- Bailable- e-Triable by Magistrate- Non- compoundable.
141. Unlawul assembly.- An assembly of five or more persons is designated an “unlawful assembly” , if the common object of the persons composing that assembly is –
First.- To overawe by criminal force, or show of criminal force, 1[ the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or
Second.- To resist the execution of any law, or of any legal process; or
Third.- To commit any mischief or criminal trespass or other offence; or
Fourth.- By means of criminal force , or show of criminal force , to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment.
________________________________________________________
Subs. by The A.O. 1950 for “Center or any Provincial Government or legislature” of a right of way , or of the use of water or other incorporeal right of which he is in possession or enjoyment , or to enforce any right or supposed right; or
Fifth. - By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation.- An assembly which was not unlawful when it assembled. May subsequently become an unlawful assembly.
Conviction by taking recourse to section 149 can not be made out unless five specified objects are not proved; Ramashish v. State of Bihar, 1999 (6) JT 560: 1999 (2) JCC (SC) 471.
142. Being member of unlawful assembly.- Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it , is said to be a member of an unlawful assembly.
143. Punishment .- Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 6 months ,or fine or both- Cognizable- Bailable-Triable by Magistrate- Non- compoundable.
144. Joining unlawful assembly armed with deadly weapon.- Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member os an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 2 years, or fine or both - Cognizable- Bailable-Triable by any Magistrate- Non- compoundable.
145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.- Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Punishment-Imprisonment for 2 years, or fine or both - Cognizable- Bailable-Triable by any Magistrate- Non- compoundable.
146. Rioting.- Whenever force or violence is used by an unlawful assembly, or by any member thereof , in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.
147. Punishment for rioting.- Whoever is guilty of rioting , shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 2 years, or fine or both - Cognizable- Bailable-Triable by any Magistrate- Non- compoundable.
(i) The Sub- Inspector was pursuing investigation which is his duty and therefore it could not be said that while he was pursing the investigation, it was in pursuance of an unlawful object and therefore no conviction could be passed under section 147; Maiku v. State of Uttar Pradesh, (1989) Cr LJ 860 : AIR 1989 SC 67.
(ii) The Court can not place reliance on evidence of with ness who speak generally and in omnibus way without specific rederence to teh identifty of individual and their specific overacts in regards to incident that took place Kamer Vasha v. State of Uttar Pradesh, 1999 (7) JT 598: 1999 (9) Supreme 310.
148. Rioting, armed with deadly weapon.- Whoever is guilty of
rioting, being armed with a deadly
weapon or with anything which, used as
a weapon of offence, is likely to cause
death, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both .
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 3 years, or fine or both - Cognizable- Bailable-Triable by any Magistrate of the first class- Non- compoundable.
(i) There must be nexus between the common object and the offence committed and if it is found that the same was committed to accomplish the common object every member of the assembly will become liable for the same was committed to accomplish the common object every member of the LJ 1466 : AIR 1989 SC 1456.
(ii) Where the presence of injured eye witnesses at the place of occurrence was undoubtful and their evidence corroborated by medical evidence supported by prompt FIR against all 16 accused , therefore merely non explanation of injuries sustained by accused persons by these witnesses not fatal for prosecution and as such common object of unlawful assembly to cause death establishd; State of Madhya Pradesh v. Bhagwan Singh, 2000 CrLJ 123 (MP).
149. Every member of unlawful assembly guilty of offence committed in prosecution of common object.- If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of th same assembly, is guilty of that offence.
CLASSIFICATION
OF OFFENCE
Punishment-The same as for the offence –According as offence is Cognizable of non –cognizable –According as offence is bailable or non- bailable -Triable by court by which the offence is triable - Non- compoundable.
COMMENTS
(i) It is well settled that once a membership of an unlawful assembly is established, it is no incumbent in the prosecution to establish whether any specific overt act has been assigned to any accused . Mere membership of the unlawful assembly is sufficient; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).
(ii) Every member of an unlawful assembly is vicariously liable for the acts done by others either in the prosecution of the common object of the unlawful assembly or such which the members of the unlawful assembly knew were likely to be committed; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).
150. Hiring, or conniving at hiring, or persons to join unlawful assembly.- Whoever hires or engages or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly , and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment , in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.
CLASSIFICATION
OF OFFENCE
Punishment-The same as for a member of such assembly, and for any offence committed by any memters of such assembly- Cognizable–According as offence is bailable or non- bailable -Triable by court by which the offence is triable - Non- compoundable.
151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.- Whoever knowingly joins or continues in any assembly of five or ,ore persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Explanation.- If the assembly is an unlawful is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 6 months ,or fine or both- Cognizable- Bailable-Triable by any Magistrate- Non- compoundable.
152. Assaulting or obstructing public servant when suppressing riot,etc.- Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray , or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to there years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 3 years, or fine or both - Cognizable- Bailable-Triable by any Magistrate of the first class- Non- compoundable
153. Wantonly giving provocation with intent to cause riot – if rioting be committed- if not committed.- Whoever malignantly, or wantonly , by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed , shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine. Or with both ; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Para I. Punishment-Imprisonment for 1 years, or fine or both - Cognizable- Bailable-Triable by any Magistrate of the first class- Non- compoundable
Para II. Punishment-Imprisonment for 6 month , or fine or both - Cognizable- Bailable-Triable by any Magistrate of the first class- Non- compoundable
________________________________________________
1. Subs. by Act 35 of 1969, sec.2 , for former section.
1[ 153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintains of harmony.- (1) Whoever
(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on ground of religion , race, place of birth, residence, language, caste or fallings or enmity, hatred or ill- will between different religious, racial, language or regional groups or castes or communities, or
(b) Commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities ,or
2[(c) organizes any exercise, movement, drill or other similar activity intending that 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 or e trained to use criminal force or violence or knowing it to be likely that the participants in such activity will used 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, 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.