BNS Section 196 – Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc , and doing acts prejudicial to maintenance of harmony
The Indian Penal Code (IPC) Section – 153 A
Promoting Enmity Between Different Groups and Acts Prejudicial to Harmony
Introduction
Under Section 196 of the Bharatiya Nyay Sanhita (BNS), the law penalizes individuals who promote enmity between different groups based on religion, race, place of birth, residence, language, caste, or community. It also targets acts that are prejudicial to maintaining harmony and public tranquility. Let’s break it down in simple terms.
What is the Offence?
The law criminalizes:
- Promoting Enmity: Using words (spoken or written), signs, visible representations, or electronic communication to promote hatred or ill-will between different groups.
- Acts Disturbing Harmony: Committing acts that disturb or are likely to disturb public tranquility between different groups.
- Organizing Violent Activities: Organizing or participating in exercises, drills, or movements intended to use or train in criminal force or violence against any group.
Key Elements of the Offence
| Aspect | Details |
|---|---|
| Promoting Enmity | Using words, signs, or electronic communication to create hatred or ill-will between groups based on religion, race, place of birth, etc. |
| Acts Disturbing Harmony | Committing acts that disturb or are likely to disturb public peace or harmony between groups. |
| Organizing Violent Activities | Organizing or participating in activities intended to use or train in violence against any group. |
| Place of Worship | If the offence occurs in a place of worship or during religious ceremonies, the punishment is more severe. |
Punishment
| Offence | Punishment |
|---|---|
| General Offence | – Imprisonment up to 3 years, or – Fine, or – Both. |
| Offence in Place of Worship | – Imprisonment up to 5 years, and – Fine. |
Type of Offence
| Offence | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
|---|---|---|---|
| Promoting enmity between different groups | Cognizable | Non-bailable | Magistrate of the first class |
| Promoting enmity in place of worship | Cognizable | Non-bailable | Magistrate of the first class |
Purpose of the Law
- Maintain Social Harmony: To prevent the promotion of hatred or enmity between different groups in society.
- Protect Public Tranquility: To ensure that acts prejudicial to harmony do not disturb public peace.
- Deter Violence: To discourage the organization of activities that promote violence or criminal force against any group.
Examples of Offences
- Hate Speech: Making speeches or writing articles that spread hatred between religious or caste groups.
- Violent Drills: Organizing training sessions to use violence against a specific community.
- Disrupting Harmony: Engaging in acts that create fear or insecurity among members of a particular group.
- Offence in Place of Worship: Promoting enmity during a religious ceremony in a temple, mosque, or church.
Conclusion
This law ensures that individuals who promote hatred or engage in acts that disturb harmony between different groups are held accountable. By imposing strict penalties, it aims to maintain social cohesion and public peace.
Summary Table
| Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
|---|---|---|---|---|
| Promoting enmity between different groups | Up to 3 years imprisonment, fine, or both | Cognizable | Non-bailable | Magistrate of the first class |
| Promoting enmity in place of worship | Up to 5 years imprisonment and fine | Cognizable | Non-bailable | Magistrate of the first class |
