BNS 197 : Imputations, assertions prejudicial to national integration.

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Introduction of Section BNS 197

BNS Section 197 of the Bharatiya Nyaya Sanhita focuses on protecting India’s unity and integrity by punishing those who make or spread statements that divide people based on religion, race, region, caste, or language. It prohibits imputations or assertions that question the loyalty of any community to India or advocate denying them constitutional rights. By replacing IPC Section 153B, this section strengthens the legal framework to curb hate speeches, divisive propaganda, and false claims that threaten national integration.

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The Bharatiya Nyaya Sanhita (BNS) Section 197 replaces the old Indian Penal Code (IPC) Section 153-B.

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What is BNS Section 197 ?

BNS Section 197 focuses on prohibiting actions or statements that incite divisions among different religious, racial, linguistic, regional, or community groups, thereby threatening national unity. If someone makes or publishes such harmful imputations or assertions, they can face imprisonment of up to three years, a fine, or both. If such an offense is committed in a place of worship or during religious ceremonies, the punishment increases to five years of imprisonment and a fine.

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Under Section 197 of the bns act 2023

Whoever makes or publishes any statement, imputation, or assertion that promotes disharmony, denies constitutional rights, or questions the loyalty of certain groups (based on religion, race, language, region, caste, or community) in a way that harms the unity of India, shall be punished.
If such acts are committed in a place of worship or during religious ceremonies, the punishment is stricter.

This section replaces Section 153B of the Indian Penal Code (IPC).

1. Meaning of “Imputations or Assertions Prejudicial to National Integration”

• “Imputation or assertion” means statements, claims, or allegations made against groups of people.
• If such claims suggest that a community is disloyal to India, or should be denied constitutional rights because of religion, caste, language, or region, it directly attacks national unity.
• Even false propaganda or misinformation intended to create division is covered.

2. Who is Covered?

This section applies to any person who:

• Gives speeches or publishes content questioning the loyalty of groups to India.
• Suggests denial of rights to citizens based on their identity.
• Spreads hatred, enmity, or ill-will among communities.
• Uses any medium → spoken words, writings, signs, posters, pamphlets, electronic communication, or social media.
• Makes such statements in religious gatherings or places of worship (with harsher punishment).

3. Nature of the Offence

• Cognizable → Police can arrest without a warrant.
• Non-bailable → Bail is not a matter of right; it depends on the court.
• Non-compoundable → Cannot be settled outside court.
• Triable by Magistrate of First Class → Serious offence handled by senior-level magistrates.

4. Examples of BNS Section 197

Example 1 – Religious Disloyalty Claim
A speaker declares that a certain religious group cannot be loyal to India and should not be trusted with constitutional rights. This is punishable under Section 197.

Example 2 – Social Media Misinformation
A person uploads a video claiming that people from a particular region are plotting against national security, creating hostility. This is covered under Section 197.

Example 3 – Religious Place Speech
During a temple gathering, someone gives a speech that spreads hatred between two linguistic groups. Since it happens in a religious setting, the punishment can extend to 5 years.

Example 4 (Not Guilty)
If someone criticizes government policy without targeting any community or suggesting denial of rights, it is not punishable under this section.

5. Punishment under BNS Section 197

• General Case (Sec 197(1)): Up to 3 years imprisonment, or fine, or both.
• In Religious Places (Sec 197(2)): Up to 5 years imprisonment + fine.

6. Importance of BNS Section 197

• Protects National Unity: Prevents divisive statements that can weaken India’s integrity.
• Curbing Hate Propaganda: Covers both offline speeches and modern online/social media platforms.
• Safeguards Constitutional Rights: Ensures that no group is denied equal rights based on identity.
• Extra Protection for Sacred Places: Recognizes the sensitive nature of religious settings where communal harmony must be preserved.

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Section 197 BNS Overview

BNS Section 197 deals with preventing and punishing individuals who make statements or claims that could harm India’s unity by causing divisions among its people. This includes spoken or written words, signs, or any form of communication that promotes hatred between different groups based on religion, race, language, region, or community. The punishment for such offenses can extend to three years of imprisonment, a fine, or both. If such offenses occur in a place of worship, the imprisonment can be extended to five years.

BNS Section 197 – 10 Key Points Explained

1. Harmful Imputations Against Specific Groups:
   • BNS Section 2197 punishes individuals who claim that certain groups, due to their religious, racial, regional, or community identity, cannot be loyal to India or its Constitution.
   • Explanation: If someone says that a group cannot support India’s unity simply because of their identity, they can be punished under this section.
2. Statements That Advocate Denial of Rights:
   • The section prohibits statements that advise or advocate for the denial of constitutional rights to individuals based on their religious, racial, regional, or community group.
   • Explanation: Any public statements suggesting that members of a particular group should not have their rights as Indian citizens are punishable.
3. Promotion of Hatred or Disharmony Between Groups:
   • BNS 197 criminalizes any statement or action that causes or is likely to cause disharmony, enmity, or hatred between different groups.
   • Explanation: This is aimed at preventing violence or ill-will between communities due to inflammatory remarks or publications.
4. False Information Jeopardizing India’s Integrity:
   • If an individual spreads false or misleading information that threatens India’s sovereignty, unity, or security, they are liable for punishment under this section.
   • Explanation: False claims or propaganda that harm the country’s stability are considered a serious offense.
5. Medium of Communication:
   • The section applies to various forms of communication, including spoken words, written statements, signs, visible representations, or electronic communications like social media or the internet.
   • Explanation: Modern forms of communication such as social media are also covered, recognizing the impact of digital platforms on national unity.
6. Punishment for General Offenses:
   • Individuals convicted under BNS Section 197 can face up to three years of imprisonment, a fine, or both, depending on the gravity of the offense.
   • Explanation: The court has the discretion to impose both imprisonment and a fine based on the seriousness of the offense.
7. Harsher Penalties for Religious Settings:
   • If the offense occurs in a place of worship or during religious ceremonies, the punishment is more severe, with imprisonment extending up to five years and a fine.
   • Explanation: Offenses committed in religious settings are seen as more damaging due to the sensitive nature of the environment.
8. Non-Bailable Offense:
   • BNS Section 197 is classified as a non-bailable offense, meaning an individual accused under this section cannot automatically be granted bail but must seek it from a court.
   • Explanation: Given the serious nature of the offense, bail is granted at the discretion of the judge.
9. Cognizable Offense:
   • The offense is cognizable, meaning the police can arrest the accused without a warrant and start an investigation immediately.
   • Explanation: Law enforcement can take swift action without waiting for judicial approval to investigate the crime.
10. Triable by a Magistrate of the First Class:

• Cases under BNS Section 197 are tried in a court presided over by a Magistrate of the first class.
• Explanation: This ensures that the case is heard by a competent judicial authority.

BNS Section 197 – 2 Examples

1. Example 1:
   • A person gives a public speech claiming that members of a particular religious group cannot be loyal to the Indian Constitution because of their faith. This statement causes unrest and tension in the local community. Under BNS Section 197, the individual can be arrested and prosecuted for promoting disharmony and undermining national unity.
2. Example 2:
   • A social media influencer publishes a video falsely claiming that a certain linguistic group is plotting against the Indian government. This misinformation spreads quickly and creates hostility between linguistic communities. The influencer can be charged under BNS Section 197 for jeopardizing the country’s integrity and causing enmity between groups.

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BNS 197 Punishment

1. Imprisonment:
   • For general offenses under Section 197(1), the punishment can extend to three years of imprisonment. If the offense is committed in a place of worship or during religious ceremonies, the imprisonment can extend to five years.
2. Fine:
   • In addition to imprisonment, individuals may also be fined. The severity of the fine depends on the nature of the offense and whether it occurred in a religious setting.

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BNS 197 bailable or not ?

No, BNS Section 197 is a non-bailable offense. This means that a person arrested under this section cannot be released on bail as a matter of right but must apply for bail and receive the court’s discretion for release.

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Comparison Table – BNS Section 197 vs IPC Section 153B

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BNS Section 197 FAQs

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Conclusion

BNS Section 197 plays a crucial role in protecting India’s unity by preventing hate speeches, false propaganda, and divisive statements that target specific communities. By imposing stricter penalties, especially for offenses committed in religious places, the section strengthens national security and harmony. Compared to IPC Section 153B, BNS 197 is broader in scope, addressing modern communication platforms like social media, making it more relevant to today’s context. It serves as a safeguard against divisive forces, ensuring the constitutional vision of equality, secularism, and integration is preserved.

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