Section 196 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 196 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses offenses related to promoting enmity between different groups based on grounds such as religion, race, place of birth, residence, language, caste, or community. This provision aims to maintain public harmony and prevent actions that disturb public tranquility.(bnssections.com)
📜 Text of Section 196
Section 196(1): Whoever—(vidhiadda.com)
(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;
(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;
(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.
Section 196(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
⚖️ Comparison with IPC Section 153A
Section 196 of the BNS, 2023, corresponds to Section 153A of the Indian Penal Code (IPC), 1860. The key differences include
Inclusion of Electronic Communication: The BNS explicitly includes electronic communication as a medium for promoting enmity, reflecting the contemporary modes of communication.
Enhanced Punishment: Offenses committed in places of worship or during religious ceremonies attract a higher punishment under the BNS, with imprisonment extending to five years and an additional fine.
📌 Purpose and Rationale
The primary objective of Section 196 is to safeguard public harmony by criminalizing actions that incite or promote enmity between different groups. This provision aims to prevent social unrest and maintain peace by deterring individuals from engaging in activities that could disturb public tranquility.
🧾 Illustrative Examples
Social Media Posts: A person posts inflammatory content on social media targeting a specific community, leading to public unrest. Under Section 196, such actions can result in imprisonment up to three years, a fine, or both
Hate Speech: During a public speech, an individual makes derogatory remarks about a particular caste, inciting hatred among the audience. This act falls under the purview of Section 196, attracting similar penalties.
Organizing Violent Activities: If an individual organizes a drill intending to train participants in using violence against a community, and this causes fear or insecurity among its members, it constitutes an offense under Section 196.
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