HC: Sec. 153A IPC can not be invoked merely by provoking sentiments of one community without involving any other community [Read Order]

The Karnataka High Court recently held that merely provoking the sentiments of one community or group without involving any other community will not be a penal offence under Section 153 A of the Indian Penal Code.

Section 153 A of the IPC makes incitement of enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc. a criminal offence or penalizes any other act that disrupts the harmony.

Case of the Complainant 

On February 17, 2010 while the complainant was trying to cro ss a road, around 200- 250 people who were part of a procession threatened people to not cross the road and then abused the complainant in an unwelcomed tone and language. The complainant alleged that the gathering of the procession was threatening him to not cross the road and was trying to instill fear in him on the grounds of religion. The complainant stated that that the procession comprised of Muslim crowd and thus they were threatening the complainant who was of a Hindu community.

Pursuant to these allegations, a First Information Report was registered against the petitioners under Section 341 (wrongful restrain), 504 (intentional insult in order to provoke breach of peace), 506 (criminal intimidation) 153A and 149 (unlawful assembly) of IPC.

Case of the Petitioner

The Petitioners being aggrieved by the FIR filed a petition before the High Court seeking to
quash the FIR against them.

Contentions made

The petitioners contented that the FIR is frivolous in nature and even if accepted, it does not
prima facie invoke any of the sections stated in the FIR due to lack of ingredients. The High Court Government Pleader, appearing from the State, contended that the allegations made in the complaint are sufficient to make a valid case and since the matter is still under investigation thus there is no reason to quash the proceedings under Section 482 of the CrPC.

Observation of the Court

The court after going through the submissions of the Petitioner and the Complaint held that none of the Sections mentioned in the FIR can be made out due to lack of ingredients. The Court explicitly stated that the nature of threats made out to the complainant do not invoke sections 504 or 506 of the IPC. It was held that the gathering of the procession did not do any such activity to frighten Hindus or to make them flee from the village. Thus the Court could not even make out the basic ingredients of Section 153 A and thus it quashed the FIR and allowed the plea.

Case Details 

Before: Karnataka High Court

Quorum: Hon’ble Mr. Justice John Michael Cunha

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