IPC 153A to BNS 196: Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
Section 153A IPC (1860) replaced by Section 196 BNS (2023)
IPC 153A to BNS 196 at a Glance
Section 153A IPC (Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) is now Section 196 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 153A to BNS 196?
Section 153A IPC is now Section 196 BNS, with the same punishment. Section 196 BNS adds electronic communication to the means named in the first kind of conduct, so the means are now words spoken or written, signs, visible representations, electronic communication or otherwise. Apart from spelling and punctuation, the other words are the same.
IPC 153A vs BNS 196: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 153A | 196 |
| Offence | Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony | Same |
| Punishment | Imprisonment for up to three years. Where the offence is committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies, imprisonment for up to five years. | Same |
| Fine | For the three-year offence, fine alone or along with imprisonment. For the place of worship offence, the offender is also liable to fine in addition to imprisonment. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Magistrate of the first class | Same |
IPC 153A and BNS 196: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 153A, IPC 1860
153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations 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, or
(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, or
(c) organizes 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.
(2) Offence committed in place of worship, etc.—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.
BNS 2023 (in force)
Section 196, BNS 2023
(1) Whoever—
(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; or
(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; or
(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.
(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.
Ingredients: IPC 153A vs BNS 196
Under IPC 153A
- The accused did one of three things. The first is promoting or attempting to promote disharmony or feelings of enmity, hatred or ill-will, by words spoken or written, by signs, by visible representations or otherwise
- That disharmony or ill-feeling was between different religious, racial, language or regional groups or castes or communities, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever
- The second is committing an act prejudicial to the maintenance of harmony between such groups, and the act disturbs or is likely to disturb the public tranquillity
- The third is organising an exercise, movement, drill or similar activity, or participating in it. An organiser intends, or knows it to be likely, that the participants will use or be trained to use criminal force or violence. A participant intends to use or be trained to use such force or violence, or knows it to be likely that the participants will
- In the third case the force or violence is meant against a religious, racial, language or regional group or a caste or community, and the activity for any reason whatsoever causes or is likely to cause fear, alarm or a feeling of insecurity amongst its members
- For the higher punishment, the offence was committed in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies
Under BNS 196
- Promoting or attempting to promote disharmony or feelings of enmity, hatred or ill-will between groups, by words spoken or written, signs, visible representations, electronic communication or otherwise
- Committing an act prejudicial to harmony between such groups that disturbs or is likely to disturb the public tranquillity
- Organising or taking part in a drill or similar activity of the kind described, against a group, that causes or is likely to cause fear, alarm or a feeling of insecurity
- Committing any of these in a place of worship or in an assembly engaged in religious worship or religious ceremonies, for the higher punishment
What IPC 153A to BNS 196 Means for Pending Cases
For Section 153A IPC (now Section 196 BNS): the offence and the punishment carry over, so a charge for conduct after the BNS came into force cites Section 196 BNS. The one change is that electronic communication is now named among the means in the first kind of conduct.
FAQs: IPC 153A to BNS 196
What changed when Section 153A IPC became Section 196 BNS?▼
Section 196 BNS adds electronic communication to the means named in the first kind of conduct. Apart from spelling and punctuation, the other words and the punishment are the same as in Section 153A IPC.
Where does Section 153A IPC sit in the BNS?▼
In Section 196 BNS, in Chapter XI, Of Offences Against the Public Tranquillity.
Does Section 153A IPC or Section 196 BNS apply to an act done before 1 July 2024?▼
Section 153A IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 153A IPC. Section 196 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·