CLAT-2027 Blog

SC Pulls Up UP Police on Section 153B BNS: Sherwani Hate-Crime Case and CLAT 2027 Hate-Speech Law

SC pulls up UP Police Sec 153B hate crime Sherwani Noida

CURRENT AFFAIRS | 22 April 2026

CLAT GK + CRIMINAL LAW (IPC/BNS) & CONSTITUTIONAL LAW

A Bench of Justice Vikram Nath and Justice Sandeep Mehta has pulled up the Uttar Pradesh government in Kazeem Ahmad Sherwani v State of U.P., asking why Section 153B IPC (now Section 197 of the Bharatiya Nyaya Sanhita, 2023) was not added to the FIR in a 2021 Noida case where a 62-year-old Muslim cleric was allegedly assaulted — his beard pulled, his skull cap removed, and religious slurs hurled — in the name of religion. The Court bluntly asked: “Why is the Investigating Officer playing hide-and-seek with the Court? Can you back out from 153B?” The UP Police conceded the provision would be added; the matter is listed for May 19, 2026.

For CLAT 2027, this case is a perfect vehicle to test three things at once — hate-speech jurisprudence, the IPC → BNS transition, and the Article 19(2) free-speech framework.

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Statutory & Constitutional Framework

  • Section 153A IPC / BNS § 196 — Promoting enmity between groups on grounds of religion, race, language, etc.
  • Section 153B IPC / BNS § 197 — Imputations and assertions prejudicial to national integration (the provision at the heart of the Sherwani case).
  • Section 295A IPC / BNS § 299 — Deliberate and malicious acts intended to outrage the religious feelings of any class.
  • Section 505 IPC / BNS § 353 — Statements conducing to public mischief.
  • Article 19(1)(a) — Freedom of speech; restrictions only under Article 19(2) — public order, decency, morality, sovereignty, friendly relations, etc.
  • Article 25 — Freedom of conscience and religion, subject to public order, morality and health.
  • Article 21 — Protection of life and personal liberty, read with dignity (Common Cause, Puttaswamy).

Why This Matters for CLAT 2027

  • BNS transition: The Bharatiya Nyaya Sanhita, 2023 replaced the IPC on 1 July 2024. Expect dual-numbering questions testing both old and new section numbers.
  • Cognisable-offence principle: Lalita Kumari v State of UP (2014) mandates FIR registration where a cognisable offence is disclosed — and all attracted sections must be investigated. The Sherwani case is a live illustration.
  • Hate-speech trilogy: Pravasi Bhalai (2014), Amish Devgan (2020) and Shaheen Abdullah (2022) form the three-case spine of modern SC hate-speech doctrine — memorise their exact propositions.
  • Principle-application trap: Students confuse § 153B (national integration) with § 153A (promoting enmity). § 153B specifically targets imputations that assert a class cannot bear true allegiance to the Constitution — a narrower, sharper offence.

Landmark Cases at a Glance

Case Proposition
Pravasi Bhalai Sangathan v UoI (2014) SC declined to frame judicial guidelines on hate speech; referred to the Law Commission.
Tehseen S. Poonawalla v UoI (2018) Mob-lynching guidelines — preventive, remedial, punitive measures for states.
Amish Devgan v UoI (2020) Hate-speech test — speaker’s position, reach, intent, likely harm, context.
Shaheen Abdullah v UoI (2022) State police directed to register hate-speech FIRs suo motu, without waiting for a complaint.
Lalita Kumari v State of UP (2014) Mandatory FIR registration where information discloses a cognisable offence.
Ramji Lal Modi v State of UP (1957) Upheld § 295A IPC; restriction valid under Art 19(2) on ground of public order.

Mnemonic — "PATSL" (think "Patrol")

Pravasi Bhalai (2014) · Amish Devgan (2020) · Tehseen Poonawalla (2018) · Shaheen Abdullah (2022) · Lalita Kumari (2014 — FIR registration).

BNS numbers: § 196 (enmity) · § 197 (national integration, replacing 153B) · § 299 (religious feelings, replacing 295A).

Principle in Action

A classic CLAT principle-application might run: “Where a complainant’s version taken at face value discloses a cognisable offence, police must register an FIR and investigate all attracted provisions.” The fact pattern gives you the Sherwani allegations — assault plus religious slurs plus pulling of beard/skull cap. The correct application is that the conduct is legally flawed — Sections 153B and 295A are attracted and must be invoked. The SC’s direction in the case is a textbook application of Lalita Kumari.

Test Yourself: 10-Question CLAT Practice Quiz

Ten CLAT-style questions on this story — factual recall, constitutional articles, and principle-application reasoning. Tap an option to lock it in; explanations appear on submit.

Practice Quiz — 10 CLAT-Style Questions

Click an option to reveal the answer and explanation.

Source: Bar & Bench · LiveLaw · The Indian Express · Verdictum.in.

Quick answers

Section 153B IPC (now BNS Section 197) deals primarily with:
Imputations and assertions prejudicial to national integration. Sec 153B IPC / BNS Sec 197 criminalises assertions prejudicial to national integration — a classic hate-speech provision.
In Pravasi Bhalai Sangathan v Union of India (2014), the Supreme Court:
Directed the Law Commission to study hate-speech law but declined to frame its own guidelines. The SC in Pravasi Bhalai referred the issue of fresh hate-speech standards to the Law Commission.
Section 295A IPC (retained via BNS Section 299) punishes:
Deliberate and malicious acts intended to outrage religious feelings. Sec 295A targets 'deliberate and malicious' acts intended to outrage religious feelings — not every critique.
Tehseen S. Poonawalla v Union of India (2018) is a landmark on which issue, cited in SC hate-crime jurisprudence?
Mob lynching and preventive/remedial guidelines. Poonawalla (2018) laid down preventive, remedial and punitive guidelines for mob lynching.
The Bharatiya Nyaya Sanhita (BNS), 2023 — which replaces the IPC — came into force on:
1 July 2024. BNS, BNSS and BSA came into force on 1 July 2024, replacing IPC, CrPC and IEA.
Freedom of speech under Article 19(1)(a) can be restricted on the ground of 'public order' under:
Article 19(2). Article 19(2) lists the permissible restrictions on free speech, including public order, decency and morality.
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