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Introduction of Section BNS 197

BNS Section 197 deals with actions or statements that harm national integration by creating disharmony or spreading hatred based on religious, racial, linguistic, regional, caste, or community differences. It covers various forms of communication, including spoken or written words, signs, or electronic means. The section aims to protect the unity and integrity of India by punishing those who attempt to create divisions among different groups.


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



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.


BNS 197 - Prohibition of Actions Threatening National Unity
BNS 197 penalizes actions or statements that incite divisions among different groups, threatening national unity, with increased punishments for offenses in places of worship.

BNS 197 in Simple Points

  1. Imputations or Assertions Against Certain Groups:
    • This section punishes individuals who claim that certain groups (religious, racial, regional, linguistic, caste, or community) are incapable of upholding the Constitution of India or supporting the country’s sovereignty.
    • Explanation: Statements that insult or demean a group by suggesting they can’t be loyal to India because of their identity are punishable under this section.
  2. Denial of Rights Based on Identity:
    • It prohibits assertions that certain groups should be denied their rights as Indian citizens due to their membership in a particular community, caste, or group.
    • Explanation: Any attempt to advocate or spread ideas that certain groups should lose their rights simply because of their identity is illegal.
  3. Causing Disharmony or Hatred:
    • Individuals who make appeals or assertions that stir up enmity, hatred, or ill will between different groups based on their identity are punishable under this section.
    • Explanation: This clause targets statements or actions that promote discord or violence between different communities.
  4. False Information Jeopardizing National Integrity:
    • Spreading false or misleading information that threatens India’s unity, sovereignty, or security is also punishable.
    • Explanation: This ensures that misinformation intended to harm the country’s stability or unity is dealt with seriously.
  5. Stricter Punishment in Religious Settings:
    • If such harmful statements or actions are committed in places of worship or during religious ceremonies, the punishment increases, including imprisonment of up to five years and a fine.
    • Explanation: The law recognizes the sensitive nature of religious settings and provides harsher penalties for offenses committed in such contexts.

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.

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.

BNS 197 Punishment : outlines punishments for offenses.
BNS 197 punishments include up to 5 years imprisonment.

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.


Bharatiya Nyaya Sanhita Section 197

SectionOffenceDefinitionPunishmentBailable/Non-BailableCognizable/Non-CognizableTriable By
BNS 197(1)Imputations or assertions prejudicial to national integrationStatements or actions that harm national unity or create division among groupsImprisonment up to 3 years, or fine, or bothNon-bailableCognizableMagistrate of the first class
BNS 197(2)Committing the same offense in a place of worshipImputations or assertions made in a religious setting, like a place of worshipImprisonment up to 5 years and a fineNon-bailableCognizableMagistrate of the first class
Bharatiya Nyaya Sanhita Section 197

BNS Section 197 FAQs

What does BNS Section 197 cover?

What is the punishment under BNS Section 197?

Is BNS Section 197 a bailable offense?

No, it is a non-bailable offense, meaning the accused cannot be released on bail as a matter of right.

What happens if the offense is committed in a place of worship?

What kind of actions are punishable under this section?

Who can try cases under BNS Section 197?


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