197. (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.
IPC Section 153B in BNS: Section 197
Imputations, assertions prejudicial to national integration
Section 153B of the Indian Penal Code, 1860 (Imputations, assertions prejudicial to national integration) corresponds to Section 197 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 197(1) is cognizable, non-bailable, triable by Magistrate of the first class; punishment: Imprisonment for 3 years, or fine, or both.
Bail, cognizability and punishment
| 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: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 197
Full BNS Section 197 and every IPC section it replaced →
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