E/CN.4/1997/91/Add.1 page 4 place of public worship open to persons professing the same religion or branch of religion as that person or adopting, offering prayers or celebrating any religious service in any place of public worship. B. Other provisions 1. Penal Code 10. India's Penal Code prohibits and punishes any violation of tolerance and non-discrimination based on religion or belief: (a) Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony (sect. 135 A) on particular offence committed in a place of worship (sect. 135 A (2)); (b) Injuring or defiling a place or worship with intent to insult the religion of any class (sect. 295); (c) Deliberate and malicious acts intended to outrage the religious feeling of any class by insulting its religion or religious beliefs (sect. 295 A); (d) Disturbing religious assembly (sect. 296); (e) Disturbing burial places (sect. 297); (f) Uttering words, etc., with deliberate intent to wound religious feelings (sect. 298); (g) Statements conducting to public mischief (sect. 505). 2. The Unlawful Activities (Prevention) Act, 1967 11. The Unlawful Activities (Prevention) Act, 1967 inter alia provides for declaring associations as unlawful whose activities are against the sovereignty and territorial integrity of India and are prejudicial to communal harmony. Such associations can be declared unlawful for a period of two years, subject to confirmation of notification by the Tribunal, headed by a sitting judge of a high court. The Act provides for sealing of the premises and freezing of the accounts of the unlawful associations. The Act also provides for penalties for offences such as being members of unlawful associations, dealing with the funds and use of the premises of unlawful associations, indulging in unlawful activities etc., committed by various persons. 3. The Religious Institutions (Prevention of Misuse) Act, 1988 12. This Act provides for prevention of misuse of religious places for political and criminal activities. The Act prohibits, among other things, the use of any premises of any religious institution for any act which promotes or attempts to promote disharmony or feelings of enmity or hatred between different religious, racial, language or regional groups. Violations under the Act are punishable with imprisonment for up to five years and with a fine of up to Rs. 10,000. A person convicted for an offence under the Act will be