Section 197 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 197 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses offenses related to actions or statements that are prejudicial to national integration. The section criminalizes certain forms of expression that can undermine the unity, integrity, and sovereignty of India
📜 Text of Section 197
Subsection (1)
Whoever, by words either spoken or written, or by signs or 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;
(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;
(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;
(d) makes or publishes false or misleading information, jeopardizing the sovereignty, unity, and integrity or security of India,(
shall be punished with imprisonment which may extend to three years, or with fine,
Subsection (2)
Whoever commits an offense 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 153B
Section 197 of the BNS, 2023, corresponds to Section 153B of the Indian Penal Code (IPC), 1860. The BNS introduces a new provision under subsection (1)(d), criminalizing the publication of false or misleading information that jeopardizes national sovereignty, unity, and security. Additionally, the BNS explicitly includes "electronic communication" as a medium for such offenses, reflecting the contemporary modes of communication. These updates aim to address modern challenges in maintaining national integration.
🧭 Purpose and Importance
The primary objective of Section 197 is to safeguard national integration by prohibiting expressions that:
Question the allegiance of any group to the Constitution or the nation
Advocate for the denial of rights to any community based on their identity.
Promote or incite disharmony, enmity, or hatred among different groups
Disseminate false information that threatens the country's unity and security.(
By criminalizing such actions, the law aims to maintain public order, promote social harmony, and prevent divisive rhetoric that could lead to communal unrest or violence.
📌 Example
During a public speech, an individual asserts that a particular religious community cannot be loyal to the Constitution of India and should be denied certain civil rights. This statement is published in the media and causes widespread unrest among different communities. Under Section 197 of the BNS, 2023, the individual can be prosecuted for making assertions prejudicial to national integration and could face imprisonment for up to three years, a fine, or both.
In summary, Section 197 of the BNS, 2023, serves as a legal safeguard against expressions that threaten the unity and integrity of India, ensuring that all citizens uphold the principles of the Constitution and contribute to a harmonious society.
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