Wanton Provocation -- Social Media Post -- Absence of intent to cause rioting -- Proceedings under Section 153 IPC liable to be quashed
Indian Penal Code, 1860, S.153 -- Wanton Provocation -- Social Media Post -- An offence under S.153 IPC requires an illegal act done maliciously or wantonly, with intention or knowledge that such provocation will cause rioting -- Sections 153 and 153A IPC require proof of mens rea to provoke violence or create public disorder, and speech must be evaluated for promoting communal enmity, not mere criticism -- Criminal liability cannot arise merely on association or suspicion without specific allegations of promoting hatred between groups -- An FIR is only the foundation of investigation and cannot substitute for evidence, so detailed factual evaluation is avoided at the S.482 CrPC stage.
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