Introduction of 196 BNS
196 BNS addresses actions that promote enmity or hatred between different groups in society based on religion, race, language, place of birth, or other similar grounds. It aims to prevent disturbances to public harmony and punishes acts that cause disharmony or ill-will between different communities.
The Bharatiya Nyaya Sanhita (BNS) Section 196 replaces the old Indian Penal Code (IPC) Section 153-A.
- Introduction of 196 BNS
- What is BNS Section 196 ?
- BNS 196 in Simple Points
- Section 196 BNS Overview
- BNS 196 Punishment
- BNS 196 bailable or not ?
- Bharatiya Nyaya Sanhita Section 196
- BNS Section 196 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 196 ?
BNS Section 196 defines and penalizes actions or speech that promote disharmony, enmity, or hatred between various groups in society based on religion, race, language, or region. It is aimed at maintaining social harmony and preventing acts that can disrupt peace or cause insecurity among communities.

BNS 196 in Simple Points
- Promoting Enmity Through Words or Actions:
This section penalizes anyone who uses spoken or written words, signs, visible representations, or electronic communications to create disharmony, hatred, or ill-will between different religious, racial, or language groups. For example, hate speeches targeting a particular community are covered under this section. - Disturbing Public Peace and Harmony:
Any act that disrupts the peace or is likely to cause disturbances between different communities falls under Section 196. This applies to actions that could potentially lead to conflict between religious, racial, or linguistic groups, threatening public tranquility. - Involvement in Violent Activities:
If someone organizes or participates in activities such as movements or drills where participants are trained to use violence or criminal force against a specific group, this is punishable under BNS 196. It aims to prevent actions that can escalate into larger violence. - Offenses in Places of Worship:
If the offense occurs in a place of worship or during religious ceremonies, the penalties are more severe. This recognizes the need for extra protection for sacred spaces, where conflicts may have broader and more harmful consequences. - Responsibility of Public Harmony:
The section holds individuals accountable for actions that threaten public harmony and unity. Whether through direct speech or indirect actions, it ensures people cannot incite violence or hatred between communities.
Section 196 BNS Overview
BNS Section 196 plays a critical role in protecting public harmony by preventing acts that promote division based on religion, race, language, and other grounds. The section ensures that individuals who attempt to incite hatred or violence against specific groups are penalized to maintain societal peace and security.
10 Key Points of BNS Section 196 Explained:
- Promotion of Enmity Through Words or Actions:
This section penalizes individuals who, through words (spoken or written), signs, visible representations, or even electronic communication, promote enmity between different groups. For example, someone spreading hate speech about a specific religious or racial group falls under this category. - Grounds for Promotion of Enmity:
The enmity must be based on certain grounds, such as religion, race, place of birth, residence, language, caste, or community. The law specifically focuses on preventing divisions in society caused by these factors. - Disturbance of Public Harmony:
Any act that disturbs or is likely to disturb public peace and harmony among various groups is punishable under this section. This ensures that even attempts to cause discord are addressed. - Use of Criminal Force or Violence:
If someone organizes or participates in activities like drills or movements with the intention or knowledge that criminal force or violence will be used against a particular community, this also falls under BNS Section 196. - Involvement in Activities Leading to Insecurity:
Participating in or promoting activities that cause fear, alarm, or insecurity among a specific group based on religion, race, or language is punishable. For example, organizing a rally intending to scare a religious community violates this section. - Punishment for General Offenses Under Section 196(1):
For general offenses like promoting enmity or disturbing harmony, the punishment can extend to three years of imprisonment, a fine, or both. This is a significant penalty aimed at deterring individuals from engaging in such actions. - Offenses Committed in Places of Worship:
If an offense is committed in a place of worship or during a religious ceremony, the punishment is more severe. This section recognizes the sensitivity of religious spaces and the potential for greater harm in these situations. - Punishment for Offenses in Places of Worship (Section 196(2)):
If someone promotes enmity in a place of worship or during religious ceremonies, they can face up to five years of imprisonment, along with a fine. The law takes a strict stance against such offenses in sacred spaces. - Cognizability and Bailability:
Offenses under BNS 196 are cognizable, meaning the police can arrest without a warrant. However, they are non-bailable, indicating that securing bail is more difficult and depends on the discretion of the court. - Jurisdiction of the Magistrate:
Offenses under BNS Section 196 are triable by a Magistrate of the first class, meaning that a higher-ranking judicial officer will handle these cases due to their seriousness.
Examples of BNS Section 196:
- Example 1 – Hate Speech Based on Religion:
A person delivers a public speech inciting hatred against a specific religious group, urging people to boycott their businesses. This act promotes enmity between different religious groups and disturbs public peace, making it punishable under BNS Section 196. - Example 2 – Organizing a Violent Rally:
An individual organizes a rally aimed at training participants to use violence against a particular language-speaking community. This rally instills fear among the targeted community and disrupts social harmony, violating BNS Section 196.
BNS 196 Punishment
- Imprisonment:
For promoting enmity or disharmony, the punishment may extend to three years of imprisonment. If the offense occurs in a place of worship or during a religious ceremony, imprisonment may extend to five years. - Fine:
The court may impose a fine in addition to imprisonment. For general offenses under Section 196, there is no minimum fine, but for offenses in religious places, the law mandates a fine along with imprisonment.

BNS 196 bailable or not ?
- Cognizable and Non-bailable:
Offenses under BNS Section 196 are cognizable, meaning the police can arrest without a warrant, and they are non-bailable, meaning bail is not a matter of right but depends on the discretion of the court.
Bharatiya Nyaya Sanhita Section 196
Section | Description | Punishment | Bailable | Cognizable | Triable By |
---|---|---|---|---|---|
BNS 196(1) | Promoting enmity between different groups based on religion, race, language, etc. | Up to 3 years of imprisonment, or fine, or both | Non-bailable | Cognizable | Magistrate of the First Class |
BNS 196(2) | Committing offenses in places of worship or religious ceremonies | Up to 5 years of imprisonment and fine | Non-bailable | Cognizable | Magistrate of the First Class |
BNS Section 196 FAQs
What is BNS Section 196?
BNS Section 196 punishes acts that promote enmity or disharmony between different communities based on religion, race, language, etc.
What is the punishment for promoting enmity under BNS 196?
The punishment can extend to 3 years of imprisonment or a fine, or both. If the offense occurs in a place of worship, the imprisonment can extend to 5 years.
Is BNS Section 196 a bailable offense?
No, it is a non-bailable offense, meaning the court decides whether bail can be granted.
Can someone be arrested without a warrant under Section 196?
Yes, it is a cognizable offense, meaning the police can arrest the accused without a warrant.
What happens if the offense occurs in a place of worship?
If the offense occurs in a place of worship, the punishment increases to imprisonment for up to 5 years, along with a fine.
Who will hear cases under BNS Section 196?
Cases under BNS Section 196 are triable by a Magistrate of the First Class.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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