Bharatiya Nyaya Sanhita, 2023
BNS Section 197
Imputations, assertions prejudicial to national integration
In one line
BNS Section 197 deals with imputations, assertions prejudicial to national integration and replaces IPC 153B; 197(1)d is a new provision with no IPC equivalent.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 197(1) | Imputations, assertions prejudicial to national integration. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 197(2) | If committed in a place of public 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 197
197. Imputations, assertions prejudicial to national integration.
(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.
What changed from the IPC
- IPC 153B → BNS 197: Words "or through electronic communication" as the mode of spreading specified activities are added.
Frequently asked
What was BNS Section 197 in the IPC?
BNS Section 197 (Imputations, assertions prejudicial to national integration) replaces Section 153B of the Indian Penal Code, 1860. IPC 153B is now BNS 197.
What is the punishment under BNS 197(1)?
Imputations, assertions prejudicial to national integration – 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 197(2)?
If committed in a place of public 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 197 bailable?
Non-bailable: BNS 197(1), 197(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 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 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
- 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
- BNS 202 — Public servant unlawfully engaging in trade