Section 153A in 'The Indian Penal Code, 1860'
153A. 1[Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance 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 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, racials, 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, and which disturbs or is likely to disturb the public tranquillity, 2[ or]
(c) 2[ 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.
(2) 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.]
295A. 5[ Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.– Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 6[ citizens of India], 7[ by words, either spoken or written, or by signs or by visible representations or otherwise] insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 8[ three years], or with fine, or with both.]
Application and Citations of this Law:
. It is brought to our notice that author is an eminent literateur in the State who has written many books and made research in Vachana Sahitya. Therefore, we think it is just and proper that if the author intends to remove the offending portions from the book, it is open to him to file a proper petition before the Government and on filing such petition, in case if Government is satisfied that offending portion is removed from the book, the Government may consider the same and permit the petitioner by lifting ban. We will place on record that the Public Prosecutor fairly stated that if author is ready to remove the offending portion, the Government has no objection to lift the ban.
46. In view of the considered finding mentioned above, no ground is made out by the petitioner to hold that the notification dated 26-9-1997 under Section 95 of the Act confiscating and proscribing the book "DHARMA KARANA" by the State Government is not just and proper."
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