Coming to Section 153-A, the essential
ingredient to attract the offence is promoting
feeling of enmity, hatred or ill-will between
different religious or racial or linguistic or
regional groups or castes or communities.(emphasis
supplied) S.153-A covers a case where a person by
"words, either spoken or written, or by signs or by
visible representations" promotes or attempts to
promote such feeling. Merely inciting the feelings
of one community or group without any reference to
any other community or group cannot attract the
offence (See Bilal Ahmed Kaloo v. State of A.P,
1997 KHC 1044 : 1997 (7) SCC 431 : 1997 SCC (Cri)
1094 : AIR 1997 SC 3483 : 1997 CriLJ 4091). The
gist of the offence is the intention to promote
feelings of enmity or hatred between different
classes of people. The intention to cause disorder
or incite the people to violence is the sine qua
non of the offence under S. 153A IPC (See Manzar
Sayeed Khan v. State of Maharashtra, 2007 KHC
3326 : AIR 2007 SC 2074 : JT 2007 (5) SC 335 : 2007
(5) SCC 1 : 2007 CriLJ 2959 : 2007 (2) SCC (Cri)
417).
14. The essence of the offence under S.153A
IPC is promoting enmity between different groups on
grounds of religion, race, place of birth,
residence etc. and doing acts prejudicial to
maintenance of harmony. Real intention to incite
one group or community against another is
absolutely essential. It is necessary that at least
two groups or communities should be involved.
Merely inciting the feelings of one community or
group without any reference to any other community
or group cannot attract the provisions of S.153A
IPC.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
MR. JUSTICE ASHOK MENON
Bail Appl..No.3302 OF 2020
PRADEEP R.S @ HARI PALOD Vs STATE OF KERALA
COMMON ORDER
B.A.No.3302/2020, B.A.No.3959/2020 and
B.A.No.3563/2020
[Dated, this the 22nd day of July, 2020]
Print Page
ingredient to attract the offence is promoting
feeling of enmity, hatred or ill-will between
different religious or racial or linguistic or
regional groups or castes or communities.(emphasis
supplied) S.153-A covers a case where a person by
"words, either spoken or written, or by signs or by
visible representations" promotes or attempts to
promote such feeling. Merely inciting the feelings
of one community or group without any reference to
any other community or group cannot attract the
offence (See Bilal Ahmed Kaloo v. State of A.P,
1997 KHC 1044 : 1997 (7) SCC 431 : 1997 SCC (Cri)
1094 : AIR 1997 SC 3483 : 1997 CriLJ 4091). The
gist of the offence is the intention to promote
feelings of enmity or hatred between different
classes of people. The intention to cause disorder
or incite the people to violence is the sine qua
non of the offence under S. 153A IPC (See Manzar
Sayeed Khan v. State of Maharashtra, 2007 KHC
3326 : AIR 2007 SC 2074 : JT 2007 (5) SC 335 : 2007
(5) SCC 1 : 2007 CriLJ 2959 : 2007 (2) SCC (Cri)
417).
14. The essence of the offence under S.153A
IPC is promoting enmity between different groups on
grounds of religion, race, place of birth,
residence etc. and doing acts prejudicial to
maintenance of harmony. Real intention to incite
one group or community against another is
absolutely essential. It is necessary that at least
two groups or communities should be involved.
Merely inciting the feelings of one community or
group without any reference to any other community
or group cannot attract the provisions of S.153A
IPC.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
MR. JUSTICE ASHOK MENON
Bail Appl..No.3302 OF 2020
PRADEEP R.S @ HARI PALOD Vs STATE OF KERALA
COMMON ORDER
B.A.No.3302/2020, B.A.No.3959/2020 and
B.A.No.3563/2020
[Dated, this the 22nd day of July, 2020]
