2.3.7 Section 6:
Bare Act Provisions:
6. Punishment for contravention of section 3.—
(1) Whoever contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.
(2) Whoever attempts to commit any offence punishable under sub-section (1) or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence.
(3) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under subsection (1) shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence.
Interpretation and Explanation:
Sub-Section (1): It deals with the punishment for contravention of the Section 3 of the Act. Section 3 of the Act bars the conversion of places of worship, specifically stating that no person shall convert any place of worship of any religious denomination into one of a different denomination or section. It provides for punishment of imprisonment of up to three year and/or fine.
The combination of imprisonment and fine in Section 6(1) serves as a deterrent against unauthorized conversion or alteration of the religious character of any place of worship, aiming to preserve communal peace and the secular fabric of India. It is a strong legal mechanism to enforce the Act’s objective by imposing significant penalties for contravening Section 3, thereby safeguarding the religious character of places of worship as it existed at the time of India’s independence.
Sub-Section (2): It extends the punishment to attempts to contravene Section 3, which prohibits the conversion of places of worship. This means that even an attempt to change the religious character of a place of worship is punishable with the same severity as completing the act. The law seeks to nip potential religious disputes in the bud by criminalizing attempts, thus acting as a preemptive measure to maintain peace and order. It acts as a legal deterrent against any attempt to alter the religious character of places of worship, aiming to maintain communal harmony by punishing not just the act but the intent to act.
Sub-Section (3): It extends liability to individuals who abet (encourage, assist, or facilitate) the commission or attempt of an offense under Section 6(1) or (2). This means that not only the person who directly violates or attempts to violate the provisions of Section 3 but also those who aid or conspire in such acts are liable to the same punishment. By punishing abetment, Section 6(3) ensures that the law addresses not only direct violations but also indirect encouragements or assistances to violate or attempt to violate Section 3. This is crucial in preventing collective or organized efforts to alter religious sites. The inclusion of abetment in the punishable acts under this Act serves as both a deterrent and a preventive measure against communal discord by targeting the support network behind such unlawful changes.
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