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

Summary

Sub-section (1) sets out three different acts that are punishable. Under clause (a), a person who promotes or tries to promote disharmony, hatred, ill-will or enmity between different religious, racial, language or regional groups, castes or communities, on grounds of religion, race, place of birth, residence, language, caste, community, or any other ground, is covered. This can be done through spoken or written words, signs, visible representations, electronic communication, or any other means.

Under clause (b), a person who commits any act that is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups, castes or communities, and which disturbs or is likely to disturb public tranquillity, is covered.

Under clause (c), a person who organises any exercise, movement, drill, or similar activity, intending that participants use or be trained to use criminal force or violence, or knowing it is likely they will do so, is covered. This also applies to a person who participates in such an activity with the same intention or knowledge. The activity must be directed against any religious, racial, language or regional group, caste or community, and must cause or be likely to cause fear, alarm, or a feeling of insecurity among members of that group. Any person committing any of these acts under sub-section (1) is punishable with imprisonment up to three years, or with fine, or with both.

Sub-section (2) provides a higher punishment when the offence under sub-section (1) is committed in a place of worship, or in any assembly engaged in the performance of religious worship or religious ceremonies. In such a case, the punishment is imprisonment up to five years, and the person shall also be liable to fine.

Official 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.

(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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• PATRICIA MUKHIM v. STATE OF MEGHALAYA & ORS — Supreme Court of India (2021)
• ..Petitioners vs 1.The State represented by its — Madras High Court ()
• S.C.R. 198 AMISH DEVGAN v. UNION OF INDIA AND OTHERS — Supreme Court of India (2020)
• I - - MANZAR SA YEED KHAN v. STATE OF MAHARASHTRA — Supreme Court of India (2007)
• ... Petitioner/Accused No.5 vs State Rep. by — Madras High Court ()
• SC (2024) Vol.3 p.317 — Supreme Court of India (2024)
• GTC INDUSTRIES LTD v. COLLECTOR OF CENTRAL EXCISE, NEW DELHI JULY 22, 1997 — Supreme Court of India (S)

Old <-> New Code Mapping

• IPC §153A — Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony