Bharatiya Nyaya Sanhita, 2023
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
In one line
BNS Section 196 deals with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony and replaces IPC 153A.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 196(1) | Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 196(2) | Promoting enmity between classes in place of worship, etc. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 196
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.
(1) Whoever— (a) by words, either spoken or written, or by signs or by visible representations or through electronic communication or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity; or (c) organises any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, 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.
What changed from the IPC
- IPC 153A → BNS 196: The word "or through electronic communication" is added as one of the modes of spreading disharmony, etc.
Frequently asked
What was BNS Section 196 in the IPC?
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) replaces Section 153A of the Indian Penal Code, 1860. IPC 153A is now BNS 196.
What is the punishment under BNS 196(1)?
Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony – punishable with imprisonment which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 196(2)?
Promoting enmity between classes in place of worship, etc – punishable with imprisonment which may extend to five years and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
Is BNS 196 bailable?
Non-bailable: BNS 196(1), 196(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 191 — Rioting
- BNS 192 — Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed
- BNS 193 — Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place
- BNS 194 — Affray
- BNS 195 — Assaulting or obstructing public servant when suppressing riot, etc
- BNS 197 — Imputations, assertions prejudicial to national integration
- BNS 198 — Public servant disobeying law, with intent to cause injury to any person
- BNS 199 — Public servant disobeying direction under law
- BNS 200 — Punishment for non-treatment of victim
- BNS 201 — Public servant framing an incorrect document with intent to cause injury