Section 196 BNS: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

Bare Act Text

(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.

Explained in Simple Words

Key Ingredients

• 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

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.

💰 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.

Promoting enmity between groups, acts prejudicial to harmony and drills against a group carry imprisonment for up to three years, or fine, or both. In a place of worship the imprisonment is up to five years and liability to fine.

Real-World Example

When This Does Not Apply

• The words or acts did not concern different religious, racial, language or regional groups or castes or communities
• An act said to be prejudicial to the maintenance of harmony neither disturbed nor was likely to disturb the public tranquillity
• The activity said to be a drill was neither intended nor known to be likely to lead the participants to use or be trained to use criminal force or violence against such a group
• The activity caused no fear or alarm or feeling of insecurity amongst members of the group and was not likely to do so

Bare Act Text

(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.

Explained in Simple Words

Key Ingredients

• The accused committed an offence specified in Section 196(1) BNS, such as promoting disharmony or enmity, doing a prejudicial act disturbing public tranquillity, or organising or joining violent group activity
• Where clause (a) of Section 196(1) BNS applies, the act was on grounds of religion, race, place of birth, residence, language, caste, community, or any other ground whatsoever
• The act concerned different religious, racial, language, or regional groups, castes, or communities
• The offence was committed in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies
• Where clause (b) or (c) of Section 196(1) BNS applies, the act disturbed or was likely to disturb public tranquillity, or caused or was likely to cause fear, alarm, or insecurity among the targeted group

Punishment

🔒 Imprisonment for up to five years.

💰 Fine may be imposed in addition to imprisonment.

Committing an offence specified in Section 196(1) BNS in a place of worship or in an assembly engaged in religious worship or religious ceremonies is punishable with imprisonment for up to five years, and the offender shall also be liable to fine.

Real-World Example

When This Does Not Apply

• A private quarrel between two neighbours with no link to different groups, castes, communities, religion, race, language, or similar grounds
• Criticism of a government policy or local administration that does not promote disharmony, enmity, hatred, or ill-will between different groups
• A statement made outside any place of worship or religious assembly may still be covered by Section 196(1) BNS, but not by this aggravated form
• A peaceful religious gathering or cultural drill with no intention or likelihood of criminal force or violence against any group
• Words inside a place of worship that are offensive to one person but do not concern different groups or disturb harmony between them