BNS Section 197 — Imputations, assertions prejudicial to national integration

Summary

Sub-section (1) sets out the main offence. Whoever, through spoken or written words, signs, visible representations, electronic communication, or any other means, does any of the following acts, is punishable with imprisonment up to three years, or a fine, or both: (a) makes or publishes an imputation that any class of persons, because they belong to a particular religious, racial, language, or regional group, caste, or community, cannot bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India; or (b) asserts, counsels, advises, propagates, or publishes that any class of persons, because of such group membership, shall 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, because of such group membership, where that assertion, counsel, plea, or appeal causes or is likely to cause disharmony, feelings of enmity, hatred, or ill-will between such members and other persons; or (d) makes or publishes false or misleading information that jeopardises the sovereignty, unity, integrity, or security of India.

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

Official 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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §153B — Imputations, assertions prejudicial to national integration