BNS Section 197: Imputations, Assertions Prejudicial To National Integration

Definition of BNS Section 197

Section 197 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“(1) Whoever, by words either spoken or written or by signs or by visible representations or through electronic communication or otherwise,—

(a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India; or

(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied, or deprived of their rights as citizens of India; or

(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons; or

(d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.”

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

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