BNS Section 197 – Imputations, assertions prejudicial to national integration
The Indian Penal Code (IPC) -153B New Provision
Imputations, Assertions Prejudicial to National Integration
This section deals with offenses that involve making statements, assertions, or representations that promote division or hostility between groups based on religion, race, language, region, or caste, and jeopardize national integration. These acts are considered harmful to the unity, sovereignty, and integrity of India, and are punishable under this law.
Key Points
| Aspect | Explanation |
|---|---|
| Scope and Nature of the Offense | The law criminalizes statements or actions that undermine national integration, fostering division or distrust among social groups based on their identity. |
| Criminalizing Imputations | Imputations that suggest any group cannot be loyal to the Constitution of India or uphold its sovereignty are illegal. |
| Denial of Rights | It is illegal to assert that any group should be deprived of citizenship rights based on religion, race, caste, or other identity factors. |
| Inciting Disharmony | Any appeals, assertions, or pleas that may cause disharmony, hatred, or ill-will between groups are punishable. |
| False Information | False or misleading information that threatens the sovereignty, unity, or integrity of India is prohibited. |
| Punishments | – General Offense: Imprisonment for up to 3 years, a fine, or both. |
| – Offense in Places of Worship: Imprisonment for up to 5 years, along with a fine. |
Punishment for the Offense
| Offense | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | By What Court Triable |
|---|---|---|---|---|
| Imputations, assertions prejudicial to national integration (general) | Imprisonment for up to 3 years, fine, or both | Cognizable | Non-bailable | Magistrate of the First Class |
| If committed in a place of public worship, etc. | Imprisonment for up to 5 years and fine | Cognizable | Non-bailable | Magistrate of the First Class |
Explanation of the Law
- Scope and Nature of Offense:
- The law addresses acts that promote division or enmity between various groups in India. It specifically targets actions or statements that encourage hatred or distrust based on religion, race, language, caste, or other factors that could harm national unity.
- Key Provisions:
- Section 1(a): It is an offense to make or publish an imputation suggesting that a certain group cannot be loyal to the Constitution or uphold India’s sovereignty and integrity based on their identity.
- Section 1(b): Prohibits any claims or assertions that a group should be deprived of their rights as Indian citizens based on their religion, race, language, or caste.
- Section 1(c): Assertions, appeals, or pleas that could lead to disharmony or hatred between groups are illegal.
- Section 1(d): Publishing false information that undermines India’s sovereignty, unity, or integrity is a punishable offense.
- Punishments:
- General Offense: A person found guilty can face imprisonment for up to three years, a fine, or both.
- Offense in Places of Worship: If the offense occurs in a place of worship or during religious ceremonies, the punishment increases to up to five years of imprisonment, along with a fine.
- Cognizable Offense:
- This is a cognizable offense, which means that the police can arrest the accused without a warrant.
- Non-Bailable:
- The offense is non-bailable, meaning the accused may not automatically be granted bail and will have to apply for it in court.
Conclusion
This section safeguards national integration by criminalizing actions that promote division or enmity between different social, religious, or ethnic groups. Whether it involves imputations, assertions, or the publication of false information, those found guilty of such offenses face severe penalties, especially when committed in sensitive locations like places of worship. The law ensures that any actions that could harm public harmony or unity are penalized to maintain the integrity and sovereignty of India.
