Section 197 BNS: Imputations, assertions prejudicial to national integration
Bharatiya Nyaya Sanhita, 2023
Section 197 BNS at a Glance
Section 197 BNS deals with imputations, assertions prejudicial to national integration. It is non-bailable and cognizable; it replaced Sections 153B and 153AA IPC on 1 July 2024.
Imprisonment for up to three years. If the offence is committed in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, imprisonment for up to five years.
Section 197 BNS Bare Act Text
(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.
Source: Section 197, Bharatiya Nyaya Sanhita, 2023
Section 197 BNS in the IPC (Previous Law)
FAQs on Section 197 BNS
What does Section 197 BNS actually prohibit?▼
Section 197 BNS punishes certain statements, publications, signs, visible representations, electronic communications, or similar acts that target a class of persons on religious, racial, language, regional, caste, or community lines. It covers imputations that such a class cannot be loyal to the Constitution or uphold India’s sovereignty and integrity, claims that they should be denied citizens’ rights, appeals or assertions likely to cause disharmony or hatred, and false or misleading information jeopardising the sovereignty, unity, integrity, or security of India.
What must be shown for a case under Section 197 BNS?▼
The prosecution must point to a spoken, written, signed, visual, electronic, or similar communication falling within one of the acts listed in Section 197 BNS. For clause (c), the text specifically requires that the assertion, counsel, plea, or appeal causes or is likely to cause disharmony, enmity, hatred, or ill-will between that class and others. For clause (d), the information must be false or misleading and must jeopardise the sovereignty, unity, integrity, or security of India.
Is Section 197 BNS bailable?▼
No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.
What is the punishment under Section 197 BNS?▼
Under Section 197(1) BNS, the punishment may extend to three years' imprisonment, or fine, or both. If the offence is committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies, Section 197(2) BNS says the punishment may extend to five years and the person shall also be liable to fine.
What should I do if I am accused under Section 197 BNS or want to complain about it?▼
If you are accused, keep copies of the exact words, post, message, video, or publication involved and get legal advice quickly, because the exact content matters under Section 197 BNS. If you want to complain, preserve the material, note when and where it was published or spoken, and give the full context, especially if it targets a class on the grounds named in the section or involves false or misleading information affecting India’s sovereignty, unity, integrity, or security.
What does Section 197(2) of the BNS punish?▼
Section 197(2) BNS applies when a person commits any act covered by Section 197(1) in a place of worship or in an assembly engaged in religious worship or religious ceremonies. The acts in Section 197(1) include certain imputations, assertions, appeals, or false or misleading information affecting national integration, citizens' rights, or the sovereignty, unity, integrity, or security of India.
What has to be shown for Section 197(2) BNS to apply?▼
It must be shown that the act falls within one of the clauses in Section 197(1) BNS and that it was done in a place of worship or in an assembly engaged in religious worship or religious ceremonies. Depending on the clause, the statement or publication must relate to a class of persons identified by religion, race, language, region, caste, or community, or involve false or misleading information jeopardising the sovereignty, unity, integrity, or security of India.
What is the punishment under Section 197(2) of the Bharatiya Nyaya Sanhita?▼
The punishment is imprisonment which may extend to five years, and the person shall also be liable to fine. This is the specific punishment stated when the Section 197(1) offence is committed in a place of worship or during religious worship or religious ceremonies.
How is Section 197(2) BNS different from Section 197(1) BNS?▼
Section 197(1) BNS defines the prohibited acts and gives the general punishment of imprisonment up to three years, or fine, or both. Section 197(2) BNS is an aggravated form: it applies when the same kind of offence is committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies, and it raises the punishment to imprisonment up to five years, and liability to fine.
Section 197 BNS: Sub-sections Explained
Section 197(1) BNS: Imputations, assertions prejudicial to national integration
▶
Bare Act Text
(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.
Explained in Simple Words
Section 197 BNS deals with imputations, assertions, and false or misleading information that are prejudicial to national integration. Under Section 197(1) BNS, it is an offence to use spoken or written words, signs, visible representations, electronic communication, or other means to claim that any class of persons, because of their membership in a religious, racial, language, regional, caste, or community group, cannot bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India. It also covers asserting or propagating that such a class should be denied or deprived of their rights as Indian citizens, or making assertions or appeals about the obligations of such a class that cause or are likely to cause disharmony, enmity, hatred, or ill-will between them and others.
In addition, Section 197(1)(d) BNS punishes making or publishing false or misleading information that jeopardises the sovereignty, unity and integrity, or security of India. Offences under Section 197(1) BNS are punishable with imprisonment for up to three years, or fine, or both. Under Section 197(2) BNS, if the offence is committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies, the punishment extends to imprisonment for up to five years, and the offender shall also be liable to fine.
Key Ingredients
- The accused acts by words spoken or written, by signs, by visible representations, through electronic communication or otherwise
- Clause a: the accused makes or publishes an imputation that a class of persons, by reason of their being members of a religious, racial, language or regional group or caste or community, cannot bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India
- Clause b: the accused asserts, counsels, advises, propagates or publishes that such a class shall be denied or deprived of its rights as citizens of India
- Clause c: the accused makes or publishes an assertion, counsel, plea or appeal concerning the obligation of such a class, and it causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between those members and other persons
- Clause d, new: the accused makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India
Punishment
🔒 Imprisonment for up to three years. If the offence is committed in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, imprisonment for up to five years.
💰 For the ordinary offence, fine as an alternative to imprisonment or along with it. For the place of worship offence, the offender is also liable to fine.
Making an imputation or assertion prejudicial to national integration carries imprisonment for up to three years, or fine, or both, and up to five years with liability to fine in a place of worship or an assembly of religious worship.
Real-World Example
When This Does Not Apply
- Under clauses (a), (b) and (c), the statement does not concern a class of persons who are members of a religious, racial, language or regional group or caste or community
- The statement is none of the four the section names, which are an imputation about true faith and allegiance to the Constitution of India or the sovereignty and integrity of India, an assertion that a class shall be denied or deprived of its rights as citizens of India, an assertion, counsel, plea or appeal concerning the obligation of a class, and false or misleading information jeopardising the sovereignty, unity and integrity or security of India
- The statement is one concerning obligation under clause (c), but it neither causes nor is likely to cause disharmony or feelings of enmity or hatred or ill-will between the members of the class and other persons
- The conduct is promoting disharmony or enmity between groups, or an act prejudicial to harmony between them, which Section 196 BNS punishes
Previous Law
IPC 153B → Section 197(1) BNS
Section 153B IPC is now Section 197(1) BNS, with the same title, the same three clauses and the same punishment. Two things are added to sub-section 1. The opening words now include through electronic communication among the ways of making the imputation or assertion, beside words spoken or written, signs and visible representations. A fourth clause, Section 197(1)(d) BNS, punishes making or publishing false or misleading information, jeopardising the sovereignty, unity and integrity or security of India. Sub-section 2 still applies to an offence specified in sub-section 1, so by its words the higher punishment for a place of worship reaches the new clause as well.
Section 197(2) BNS: Imputations, assertions prejudicial to national integration
▶
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
Section 197(2) of the Bharatiya Nyaya Sanhita (BNS) provides an aggravated punishment for offences prejudicial to national integration when committed in a religious setting. It applies to any person who commits an offence specified in Section 197(1) BNS in any place of worship, or in any assembly engaged in the performance of religious worship or religious ceremonies.
Under Section 197(1) BNS, the covered offences include making or publishing imputations that a class of persons cannot bear true faith and allegiance to the Constitution or uphold India's sovereignty and integrity because of their religion, race, language, region, caste, or community, advocating that such a class be denied citizenship rights, making assertions or appeals regarding their obligations that cause or are likely to cause disharmony, enmity, hatred, or ill-will, or making or publishing false or misleading information jeopardising the sovereignty, unity and integrity, or security of India.
When committed in a place of worship or religious assembly, the offence is punishable under Section 197(2) BNS with imprisonment for a term which may extend to five years, and the offender is also liable to fine. Unlike Section 197(1) BNS, fine alone is not a standalone alternative.
Key Ingredients
- The accused committed an act covered by Section 197(1) BNS by words, writing, signs, visible representation, electronic communication or otherwise
- The act was done in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies
- The act involved one of the prohibited forms: imputation, assertion, counsel, advice, propagation, publication, plea, appeal, or false or misleading information
- The content targeted a class of persons based on religion, race, language, region, caste or community, or jeopardised the sovereignty, unity and integrity or security of India
- In a case under clause (c) of Section 197(1) BNS, the assertion, counsel, plea or appeal caused or was likely to cause disharmony, enmity, hatred or ill-will
Punishment
🔒 Imprisonment for up to five years.
💰 Fine may be imposed in addition to imprisonment.
Committing an offence specified in Section 197(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 argument between two neighbours with no imputation, assertion, plea or publication about any class of persons
- A speech criticising a government policy without saying any religious, racial, language, regional, caste or community group should lose citizenship rights or cannot bear allegiance to the Constitution
- A statement made outside any place of worship and outside any assembly engaged in religious worship or religious ceremonies
- A true statement that does not cause or is not likely to cause disharmony, enmity, hatred or ill-will, where clause (c) is the only basis suggested
- A false online post unrelated to sovereignty, unity and integrity or security of India, and not concerning any protected class of persons in the ways listed in Section 197(1) BNS
Have questions about Section 197 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·