INTRODUCTION
The legislature enacted the Criminal Law Amendment Act, 2019, to amend the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973.The Law Commission in its 267th report taking note of the above suggested that new sections in IPC that are required to be glued to address the issues extravagantly and prescribed addition of new segment 153C (Prohibiting incitement to hatred) and area 505A (Causing fear, alarm, or provocation of violence in certain cases). Consequently, it is recommended that the arrangement identifying with Hate dissertation be added to fill the lacuna in the current criminal laws and accommodate the compellation of human Rights.
STRUCTURE OF THE CRIMINAL LAW AMENDMENT ACT, 2019
| CRIMINAL LAW AMENDMENT ACT, 2019 | |
| AMENDMENT TO THE INDIAN PENAL CODE, 1860 | AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973 |
| Insertion of new Section 153C. [Prohibiting incitement to hatred] | Amendment of First Schedule to the Code of Criminal Procedure, 1973. |
| Insertion of new section 505 A [Causing fear, alarm, or provocation of violence in certain cases] |
HIGHLIGHTS OF THE CRIMINAL LAW AMENDMENT ACT, 2019
- AMENDMENT TO THE INDIAN PENAL CODE, 1860
- INSERTION OF NEW SECTION 153C. [PROHIBITING INCITEMENT TO HATRED]
In the Indian Penal Code, subsequent to Section 153B, the accompanying new Section is inserted, it states that Whoever on grounds of religion, race, class or group, gender, identity, sexual orientation, place of birth, living arrangement, language, clan utilizes gravely aggressive confrontations either verbally expressed or composed, signs, noticeable portrayals inside the conference or in the view of an individual with the aim to cause or that it is probably going to cause, fear or alert.
The second phase of this section states that advocates contempt by words either verbally expressed or composed, signs, noticeable portrayals, that causes or is probably going to make prompting harshness; will be culpable with imprisonment of either for a term which may reach out to three years, or with fine, or with both.”
- INCLUSION OF NEW AREA 505 A [CAUSING APPREHENSION, ALERT, OR INCITEMENT OF VICIOUSNESS IN CERTAIN CASES]
In the Penal Code, after area 505 the accompanying new segment will be embedded, be specific. This section 505 A states that Whoever on Whoever on grounds of religion, race, class or group, gender, identity, sexual orientation, place of birth, living arrangement, language, clan purposefully or intentionally utilizes in the open public with words, explanations containing rumor or disturbing news or shows any composition, sign, or other noticeable portrayals which is or are probably going to be gravely intimidating, or harsh inside the discussion or sight of an individual, causing fear or caution; or
If the same is done with the purpose to provoke or information that it is probably going to provoke the exploitation of brutality, against that individual or another, will be liable with imprisonment for a term which may reach out to three years or with fine, or with both”
SECTION 505 OF THE INDIAN PENAL CODE, 1860
The Accused made, distributed or circulated any announcement rumor or report. On doing such activity with the purpose to cause which he knew it is susceptible to cause any official, marine officer or pilot to riotor in any case ignored or ruined in his obligations or with the expectation to cause or which he knew it liable to make dread or caution the open public in this manner prompting any individual to submit an offense against the State or open peacefulness or with the plan to swift or which he knew it liable to drive any class or network to submit any offense against some other class.
Whoever makes, distributes, or flows any announcement or report containing rumor or disturbing news with the expectation to make or advance, or which is probably going to make or advance sentiments of hatred, contempt or evil between various strict, racial, language or territorial gatherings or ranks, will be liable with imprisonment for a term which may reach out to three years, or with fine, or with both.
Whoever submits the above-expressed offense in wherever of love or any get together occupied with the exhibition of strict love or strict functions will be rebuffed with detainment which may reach out to five years and will likewise be at risk to fine.
- AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973
Concerning offenses under the Indian Penal Code, the records in the second and third segments against what is given in the first segment are not proposed as the meaning of the discipline endorsed for and the offense in the Indian Penal Code. It is simply a suggestion of the material of the segment.
In this Schedule, the articulation “Judge of the first class” and “Any Magistrate” incorporate Metropolitan Magistrates yet not Executive Magistrates and “cognizable” represents an “a police officer may capture without a warrant”; and “non-cognizable” means “a police officer will not capture without a warrant”
3. AMENDMENTS OF THE FIRST SCHEDULE TO THE CODE OF CRIMINAL PROCEDURE, 1973.
In the First Schedule to the Code of Criminal Procedure, 1973 under the heading “Offenses UNDER THE INDIAN PENAL CODE” are the following:
| FIRST SCHEDULE | |
| Section 153 C | Section 505 A |
| PUNISHMENT | |
| imprisonment of 3 years or fine or both | imprisonment of 3 years or fine or both |
Section 153 C
- Offense: Prohibiting incitement of hatred
- Punishment: imprisonment of 3 years or fine or both.
- Cognizable or non-cognizable : cognizable
- Bailable or non-bailable: non-bailable
- By what Court triable: Magistrate of first-class
Section 505 A
- Offense: Causing fear of alarm and provocation of violence in certain cases.
- Punishment: imprisonment of 3 years or fine or both.
- Cognizable or non-cognizable : cognizable
- Bailable or non-bailable: non-bailable
- By what Court triable: Any Magistrate
CONCLUSION
Nonetheless, in the Indian Penal Code, 1860 there is no constricted compartment to manage the different acts identifying with Hate dissertation, which by and large covers with one another. The arrangements of Hate dissertation fall under the classes of Offenses Relating to Religion, Offenses Against Public Tranquility and Criminal Intimidation, Insult, and Annoyance. Section 124A punishes nonconformity, 153A punishes advancing ill motivation among gangs on different grounds and also, doing acts biased to support of sociability.Section 153B punishes acknowledgment of statements biased to national coordination, and section 295A punishes malicious act expected to shudder strict emotions that enhances section 298 which identifies with expressing words with the purpose to wound the strict sentiments. Section 505 arrangements with speeches conducing to public mischief.Thus, it can be concluded that Hate dissertation has the capability of inciting individuals or society to succumb rallies of psychological oppression, slaughters, ethnicity and so on and has genuine and destroying consequences for individuals’ lives and dangers their wellbeing and security.
ABOUT THE AUTHOR
Shalini Ramachandran, 5th Year, Tamil Nadu Dr. Ambedkar Law University.