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Report No. 42

60. Re-numbering and amendment of section 153A, and insertion of new section 158B.-

Section 153A of the Code shall be re-numbered as section 158A and inserted after section 158, an.-

(a) in the said section as so re-numbered, in clause (a) of sub-section (1), for the words "promotes" the words "intentionally promotes" shall be substituted; and

"(b) after the said section as so re-numbered, the following section shall be inserted, namely,

158B. Statements conducing to offences against public tranquillity.-(1) Whoever makes, publishes or circulates any statement rumour or repor.-

(a) with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or

(b) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community; or

(c) with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public, whereby any person may be induced to commit an offence against the public tranquillity, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Exception.- A person making, publishing or circulating any such statement, rumour or report, who has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid, does not commit an offence under this section.

(2) 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 of either description for a term which may extend to five years, and shall also be liable to fine."



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