LawRato
BNS Section 197

Imputations, assertions prejudicial to national integration

(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.


LawRato 641+ Lawyers are online

Connect with a criminal lawyer in one minute




Key Points of BNS-197: Imputations, Assertions Prejudicial to National Integration

1. Scope and Nature of Offense:
 

  • BNS-197 deals with acts that promote enmity, division, or distrust between various social groups based on religion, race, language, region, or caste.
     

  • It focuses on protecting national integration by penalizing harmful statements or actions that undermine unity.
     

2. Key Provisions:
 

  • Section 1(a): Criminalizes imputations that question the loyalty of any group to the Constitution of India or threaten India’s sovereignty based on their identity.
     

  • Section 1(b): Prohibits claims that certain groups should be deprived of their rights as citizens due to their membership in a particular community.
     

  • Section 1(c): Penalizes appeals, assertions, or pleas that could lead to disharmony, hatred, or ill-will between different groups.
     

  • Section 1(d): Criminalizes the publication of false information that could jeopardize India's sovereignty, unity, or security.
     

3. Punishments:
 

  • General Punishment: Imprisonment up to three years, or a fine, or both.
     

  • In Places of Worship: If the offense occurs in a place of worship or during religious ceremonies, imprisonment may extend up to five years, along with a fine.


Offence : Imputations, assertions prejudicial to national integration.


Punishment : Imprisonment for 3 years, or fine, or both.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Non-bailable.


By what Court triable : Magistrate of the first class.


Offence : If committed in a place of public worship, etc.


Punishment : Imprisonment for 5 years and fine.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Non-bailable.


By what Court triable : Magistrate of the first class.




Looking for information on the Bharatiya Nyaya Sanhita? Check out our exhaustive list of BNS all sections offering in-depth explanations and legal insights for each section.


Find the best lawyer for BNS Section 197 charges

Comments by Users


No Comments! Be the first one to comment.

User Reviews


LawRato LawRato LawRato LawRato LawRato 4.9 - 17084 votes