BNS Section 196: Promoting Enmity Between Different Groups On Grounds Of Religion, Race, Place Of Birth, Residence, Language, Etc., And Doing Acts Prejudicial To Maintenance Of Harmony

Explanation and Illustration of BNS Section 196

This section deals with instigation of disharmony, riots or affrays specifically on the basis of identity. There are many social groups that a person identifies with in different contexts. At any given time a person may identify with a group on the basis of his regional identity, religion, mother tongue, caste, profession, hobby or even interests, all at the same time. The groups come together on the basis of common beliefs, interests, inherent qualities and even specific peculiarities and unique traits. And since these groups offer a sense of belonging to a person, their association with the group assumes an emotional foundation and any derogatory insinuation towards the group can elicit a volatile reaction from its members. The purpose of section 196 is to establish criminal provisions against such actions that can cause disharmony or friction amongst such groups which will result in disruption of public law and order. This section has been divided into two subsections, with subsection (1) further divided into three more subsections. Let us break down some of the key terms mentioned in this section to gain a better insight.

Section 196 (1)(a) defines the first offence that is prosecutable under this section, which is instigating disharmony amongst identity groups by way of language, either through speech, writing, signage or visual media. It further states that the conveyance of such communication can be digital or otherwise, clarifying that the medium through which such a communication is not relevant as long as it has been communicated in a coherent and comprehensible manner. The defining aspect of this offence is, simply put, “promotes or attempts to promote disharmony or feelings of enmity, hatred or ill-will.”

In other words, if a person, by use of any language and conveyed through any medium, intentionally instigates disharmony between two or more identity groups by making insinuations against their specific and unique traits, beliefs, objectives or interests, then such person will be considered an offender under the provisions of section 196 (1) (a).

It must be noted here, that the section also says that the instigation can be on any other ground whatsoever. This is to clarify that the instigation needn't just be on the grounds of the group’s beliefs or traits or objectives alone. Anything that instigates disharmony between two identity groups falls under the provisions of this section.

Section 196 (1) (b) addresses the same offence as defined in subsection (1)(a) except it deals with instigations made by way of actions rather than words or language. So if a person performs any action that instigates disharmony between identity groups through any medium, physical, electronic or otherwise, shall be considered an offender under the provisions of this section.

Similarly, Section 196 (1) (c) provides for a larger picture where one doesn’t just individually attack a group but organises several individuals to jointly make such an instigation. And this section specifically deals with violence and criminal force. It states that any activity organised to cause violence or to train people to cause violence against any identity group shall be considered an offence under this section. And it further provides that even if the direct intent of such activity is to not promote such violence but there is a very evident likelihood that the participants of this activity shall participate in violence due to what has been communicated to them in the course of the activity, then it shall still be considered an offence, even if the instigation does not take place. It also states that both, the organiser and the participants of such an activity, will be treated equally culpable, irrespective of whether the organiser has personally carried out such an instigation.

The punishment prescribed under this section is imprisonment which may extend to three years, or with fine, or with both, if deemed appropriate by the judge, depending on the severity of the case.

Section 196 (2) states that if the offences described in subsection (1) is carried out in a place of religious importance or performance, then the offence will take a more severe tone under the BNS and the punishment will result in imprisonment which may extend to five years, instead of the three years prescribed under subsection (1) apart from a mandatory fine which shall be prescribed by the judge based on severity of the case.