BNS Section 197: Imputations, Assertions Prejudicial To National Integration

Explanation and Illustration of BNS Section 197

This section deals with making unfounded and untrue insinuations against a group or class of people that identify together based on common beliefs, objectives, perspectives, inherent qualities etc. 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 197 (1) lists the various insinuations or assertions that, if made, amount to an offence under the provisions of this section. It also clarifies the mode of dissemination of such assertions being through the use of any form of language. It could be through use of words, speech, signs or visual representation. 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. As long as it conveys a message to the effect that is defined in the following subsections, it will be prosecutable under the provisions of this section.

It, in fact, lists the specific grounds for such discrimination, meaning that if such an accusation is made, specifically on the grounds of

Religion

Race

Language

Regional identity

Caste

Community

then such an act shall be treated as an offence under the provisions of this section.

As you can see, these specific identities are inherent identities, meaning, one cannot choose these identities and is born into it, at least as far as social status is concerned. And making an assertion, that a person is of an unfaithful and undeserving nature because of the social context of their birth, is naturally treated as malicious and ill-intended given that it is an irrational and whimsical perspective with no foundation in any school reasoning and truth. This section asserts the logical conclusion that such statements only serve to disrupt national integration and hence must be treated as an offence. Now let us look at the various kinds of insinuations that are outlined as an offence under the provisions of this section.

(1)(a) specifically deals with making an assertion that a person(s) does not bear true faith and allegiance to the Constitution of India because they belong to a certain identity group. In other words, claiming someone is not an Indian or does not deserve to be called an Indian due to their inherent identity, is punishable under this section.

(1)(b) provides for the prosecution of anyone who states that a person be denied, or deprived of their rights as citizens of India; or because of their inherent identity. In other words, any statement claiming that a person is not deserving of a certain right, or should have lesser or more inferior rights than others shall be prosecuted under the provisions of this section.

(1)(c) states that if an assertion, counsel, plea or appeal states that a person has certain additional obligations as compared to others because they belong to a certain group or bear a certain inherent identity, shall be treated as an offence under the provisions of this section. Unlike the previous two subsections, however, this subsection is a little more vague. While the assertions outlawed in the previous two subsections are abjectly senseless and hence can be prosecuted as such without requiring any clarification or context, the matter of a group or a community’s obligations does not always have to be false or even hurtful, for that matter. So this subsection clarifies that such assertion, counsel, plea or appeal shall be prosecuted only if it causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons.

(1)(d) ascends above the specific topic of making statements that cause specific kinds of disharmony and creates a broad spectrum provision stating that, any kind of false or misleading information, jeopardising the sovereignty, unity and integrity or security of India shall be punishable under this section. In other words, it doesn’t matter if sentiments are hurt or not, or disharmony has been caused or not, or the statement is being made on religious or communal grounds or not. It plainly states that any kind of statement regarding any topic is prosecutable under this section if it meets any of the following criteria:

It uses false or misleading information to make its point

It has or is likely to jeopardise the sovereignty, unity and integrity or security of India.

If the above two can be established by the prosecution, then the statement is punishable under the provisions of this section.

All three of the above insinuations are punishable with imprisonment which may extend to three years, or with fine, or with both.

197 (2) states that if the offences described in subsection (1) are 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.