Section 197 BNS: Imputations, Assertions Prejudicial to National Integration (Formerly Section 153B IPC)

Section 197 of Bharatiya Nyaya Sanhita: Imputations, Assertions Prejudicial to National Integration

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 197

Section 197 penalizes imputations and assertions prejudicial to national integration, criminalizing making assertions that any class of persons cannot bear true allegiance to the Constitution, or advocating the denial of their citizenship rights, prescribing imprisonment up to three years, or up to five years if committed in a place of worship.

Prejudicial Imputations: Publishing assertions that any class of members of any religious, racial, linguistic, or regional group cannot bear true faith and allegiance to the Constitution of India.
Advocating Denial of Rights: Advocating that any group should be denied citizenship rights, excluded from national life, or subjected to discriminatory deprivation.
Aggravated Place of Worship Tier: Punishment escalates to five years imprisonment and mandatory fine if committed in a place of worship or religious gathering (formerly Section 153B IPC).

Key Landmark Precedents:

Pravasi Bhalai Sangathan v. Union of India (2014) 11 SCC 477: The Supreme Court emphasized that hate speech targeting ethnic, religious, or regional groups strikes at the core of fraternity under the Constitution, directing strict enforcement of Section 153B IPC (Section 197 BNS).
Bilal Ahmed Kaloo v. State of A.P. (1997) 7 SCC 431: Reaffirmed that promoting disharmony or questioning the national allegiance of an entire community requires clear proof of malicious mens rea.

Courtroom Practice & Strategic Litigation Guidance:

In hate speech trials, examine the exact recording under Section 63 BSA: if the speech was directed at a specific political party's administrative policies rather than questioning the constitutional allegiance of a religious or regional group, Section 197 BNS charges cannot be sustained.

Section 197: Imputations, Assertions Prejudicial to National Integration

Section 197 of Bharatiya Nyaya Sanhita: Imputations, Assertions Prejudicial to National Integration

Legal Commentary & Landmark Judgments: Section 197