Section 196 of Bharatiya Nyaya Sanhita (BNS) 

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

Diversity in religion, race, place of birth, residence and language can lead to conflict in countries with a diverse population like India. By addressing the spread of enmity, Section 196 of Bharatiya Nyaya Sanhita (BNS) recognises this threat to social harmony and aims to stop acts that may damage unity in society. In a world where variety is valued, creating divides based on these characteristics is extremely dangerous. This shows how crucial harmony and understanding are to building a community that is stronger.

Section 196 of BNS

The law forbids using spoken or written language, as well as electronic contact, to promote enmity or conflict between groups on the basis of race, religion, language or community. Further, it punishes activities that disrupt public peace or teach people how to use violence against any group, which can create a sense of unease or fear.

Offenders risk a fine, up to three years in prison or even five years in prison if the offense takes place in a house of worship. Section 196 of BNS is part of CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY in Bharatiya Nyaya Sanhita.

Legal Statement of Section 196 of BNS

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.

Meaning of the Statements of Section 196

1. First Statement covers behaviors that provoke enmity or hatred between various groups on the basis of race, religion, language or community. It talks about using writing, voice or internet communication to spread discord.

2. Second statement defines behaviors that could disturb public peace by destroying harmony between different racial, religious or social groups.

3. Third statement describes planning or taking part in events that teach people how to use violence against particular racial, religious or social groups. illegal engaged in such acts risk up to three years in prison, a fine or both if they cause fear or insecurity in such groups.

4. Last statement implies that anyone found guilty of promoting violence or hatred in a place of worship or during religious rites faces a maximum sentence of five years in prison and a possible fine.

What is Chapter XI of Offences Against the Public Tranquillity?

Offences against public tranquillity are actions to conduct that tends to disturb the peace of society at large rather than individuals or properties. Such offences are usually committed by a section of people who are intent on frustrating the peace of a community which results in a fear and lack of stability that is experienced by all. 

Such activities as rioting and violent demonstration, for instance, have a negative effect on the level of safety within a certain region hence illustrating that when people engage in actions of such nature it endangers every member of society and puts the social order at risk.

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Definition of Section 196 of BNS

Section 196 of BNS is a legal provision that prohibits speech and actions promoting hatred or discord between communities. Section 196 acknowledges the risks that may arise when individuals and groups engage in divisive behaviour. This subclause endeavours to punish those actions that would not only endanger the peace and security of the society, but also the very fabric of unity in diversity.

1. Encouraging Disharmony:

• Forms of Communication: 

Every mode of expression is included such as speech, writing, visual representation and digital communication (e.g. social networking sites).

• Targeted Grounds: 

Centered on selective issues such as religion, ethnicity, race, nationality, language and caste or community.

• Intent: 

Wishing to incite or aggravate enmity, hatred or ill will in people between different people or groups.

2. Acts Prejudicial to Harmony:

• Nature of Acts: 

Is concerned with any conduct which creates tension and disrupts peace among diverse groups of people.

• Impact on Public Tranquility: 

The acts must either cause a the disturbance of the existing peace or the act which is likely to cause disturbance is threatening the very peace in the society.

3. Planning and executing violent actions organised:

• Types of Activities: 

Includes exercises, drills, movements or any similar gatherings for planning and plotting to spread enmity.

• Intent and Knowledge: 

Either participants possess an intention for violence or they are aware that the violence is likely to happen at the activity.

• Target Groups: 

These activities can be aimed towards a particular religion, race or community.

• Fear and Insecurity: 

Such acts ought to cause or are likely to cause, fear, alarm or a feeling of insecurity in the targeted groups.

4. Wider Consequences: 

• Social Dimension:

Recognises the need to preserve a peaceful coexistence even in societies which are made up of diverse groups. 

• Legal Implications: 

Each person or group is responsible in law for every act of theirs that may create social tensions.

• Corrective Action: 

Suggests measures to be taken earlier on in aiding the coexistence of people of different communities.

5. Punishments:

• Disharmony and Acts of Prejudice: 

Persons found guilty of offences specified under section 196 BNS shall suffer imprisonment of up to three years, a fine or both.

• In The Name Of Religion: 

In most serious variant for the crimes committed in the house of a prayer or during the religious rituals, this may extend to five years with fines.

• Legal Consequences: 

This particular structure shows the commitment to restraint the promotion of violence and divisiveness in society, more so, within places regarded as holy or community grounds.

Crimes and Punishments Defined under Section 196

Definitions of Offense

In the Bharatiya Nyaya Sanhita (BNS), Section 196 provides a concrete description of the criminal offenses which are covered by this section. This includes any spoken or written or even pictorial or electronic communication capable of creating enmity faith between several different religions or races or languages or regions. 

Whether it is in the form of speeches, social media or organizing events, any such action which creates or promotes hatred, enmity or ill-will between communities is an offense. Further, actively joining any such atrocities inciting training camps or propaganda is also punishable under section 196.

Disturbance of Public Order

Any acts that would create division in the society or impede the peace and order of the society are covered under Section 196. This includes taking part in or approving disorderly conduct, particularly if it is of a nature which incites violence between communities.

Any events or activities that promote training or practice of violence towards certain individuals or groups of communities is a violation of the law. The purpose is to avoid all such actions which may lead to less controlled violence or riots particularly in an ethnic and cultural complex country like India.

Consequences for Breaching Section 196 

The penalties issued under section 196 are punishment that commensurate with the degree to which the offense has been committed. An individual can, in cases of general transgression, face imprisonment for a term of three years, be fined or both.

Nonetheless, in case there is such an infringement in or around places of beliefs or during rituals, the punishment is stiffer. In these instances, a prison sentence of five years shall be imposed, alongside other corresponding fines. 

Such penalties enhance insights into and even surpass the maximum allowable level of intolerance, violators of the law demand, to contempt of high degree, any activity that causes unease among the divided members of a society’s religious groups infrastructure, as they ward off inbuilt tensions, places and environment.

The Importance of the Penalties

These penalties are not only meant to rehabilitate offenders but also to discourage mentally those who might want to take part in activities that would lead to social disharmony. Where a nation has such strict penalties, the law’s intention is that such utterances as hate language, incitement to violence and encouraging division between communities are not made. This helps maintain public order and prevents small instances of hate from growing into bigger issues.

New Penalties and Expanded Coverage

While the penalties under both sections are similar, with imprisonment of up to three years for general offenses and up to five years for more aggravated cases, the BNS provides a more structured approach in handling offenses committed in religious or sensitive settings. 

The introduction of specific penalties for crimes committed in places of worship or during religious ceremonies helps Section 196 stand out from its IPC counterpart, ensuring stricter punishment for offenses that are likely to trigger larger public disturbances.

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Root Causes of Division

There have existed divisions in almost every society throughout its history and they have been along different lines. Such divisions may arise as a result of existing biases, differences in the economy or prior wars. If an individual or a group, for example, creates an antagonistic discourse regarding the communities involved, such attitudes, besides creating suspicion, may lead to conflict and even civil war. 

It is important to note that the ambitions to divide communities are costly in terms of social suffering and even loss of societal values.

The Importance of Social Harmony

In a multicultural society, social harmony is a key factor to growth and development. Section 196 recognises the delicate nature of all relationships within communities and attempts to safeguard the rights of all the groups. 

It does so by making it a crime to engage in actions that would promote hatred or promoting disharmony between communities based on religion, race, language or region. Hence creating a more respectful and understanding society.

Difference between IPC and BNS regarding Section 196 of BNS

Indian Penal Code (IPC)	Bhartiya Nyaya Sanhita (BNS)
In IPC, Section 153-A deals with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony	In BNS, Section 196 deals with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony
It was assented in 1898.	It received the assent of the President on the 25th December, 2023.
It came into effect in 1969.	It came into effect on July 1, 2024.
Statement:(1) Whoever- (a) by words, either spoken or written or by signs or by visible representations 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, racials, 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, 2*[or]  2*[(c) organizes 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) Offence committed in place of worship, etc.–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.]	Statement:(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.

Section 196 and Provisions of the Indian Penal Code

While section 196 has similarities with Section 153A of the Indian Penal Code (IPC), which also pertained to promoting enmity between the groups, the BNS is more forward-looking and elaborates means in which such enmity can be promoted, especially in the era of social media. 

It can be via mouth, print or even telecommunication, the law too provides that the offenders would not escape the law and would be deemed as offenders intending to create disharmony irrespective of the mode.

The Importance of Section 196 in Modern Society

In an increasingly interconnected world, where people interact with one another in a wide range of channels and at an incredibly fast rate, hurtful speech can cause even more damage. It is possible to spread enmity through the posting of text, pictures and videos on the web and social networks, in particular. 

Hence, Section 196 of the BNS puts a restriction on the freedom of speech and punishes hate speech, which aims at preventing public disorder. This section adds to the assurance that regional or tribal disruptive tendencies will be dealt with harshly, thus protecting the national unity.

Mechanism of Enforcement

In order to enhance the effectiveness of Section 196, it is necessary that law enforcement agencies work with the judiciary. This includes: 

1. Awareness Campaigns: 

Informing the populace on the consequences of hate activities and the need for social stability will discourage possible offenders. 

2. Prompt Legal Action: 

In the event of hate speech or communal conflict, reactionary measures are taken within a short duration so as to avoid any further escalation and to calm the agitated population. 

3. Support for Victims: 

Assisting the victims of communal enmity by providing both legal and mental care is imperative in that, it enables the repair of communities that have suffered fractures due to hate. 

4. Dialogue and Communication: 

Such initiatives which seek to enable people to talk to each other may prove effective in closing the divisions that exist between different groups. Why Inter-Community Initiatives Break Barriers and Stereotypes: Stereotypes can be broken down by this understanding through encouraging inter-community activities. 

5. Holding Accountability: 

Hate mongers and divisive actors must be made to bear responsibility for their actions. Wherever possible, the redress in harmony with the ideals of such policies which enrich diversity should be discerned.

Promoting a Culture of Peace

In addition to the provisions of Section 196, there is also the need to advocate for a culture that appreciates conversations, dialogue or understanding with other individuals. The implementation of this kind of cultural or inter-community interactions includes, but is not limited to, cultural exchange programs, community service activities with other members and discussion forums, all of which can greatly help reduce or relieve tensions.

Challenges in Implementation

While Section 196 represents a meaningful progress towards the promotion of peace among the citizens, this law is not devoid of practical challenges. Overly broad definitions of hate speech, risk of abuse of this law and different geographies can affect implementation. That is why continuous communication between different parties such as attorneys, activists and state authorities is recommended for a smoother resolution of such issues. Elaborating them:

1. Balancing Free Speech and Public Safety

Among Others, the Greatest Challenge Presented by Section 196 of the Bharatiya Nyaya Sanhita (BNS) is Finding the Right Balance between Free Speech and Public Order. Within the Indian context, wherein there are several racial, ethnic and religious groups and more than one language subsist, some amount of caution has to be exercised towards speech that incites or promotes enmity towards other groups. Yet, on the other hand, it is argued that legislation such as Section 196 is susceptible to abuse for suppressing criticism and hence freedom of expression. It is time-sensitive and context-sensitive balancing especially when the public or political figures are involved and this balance becomes a very thin line to tread.

2. The Risk of Misuse for Political Gain

Section 196 which is borrowed from Section 153A of the IPC, has a possibility of being misused for political ends. The potential abuse of community hatred laws, by political parties to curb dissenting voices or stifling criticism, have been raised. Tensions between communities or territories have sometimes been fostered by making certain statements and political figures, political activists or journalists have faced the consequences. Hence it is difficult to separate these laws as purely meant for peace and security among citizens and not for use as a weapon for settling political scores.

3. Difficulties in Proving Intent

A major element that needs to be satisfied for a successful prosecution under section 196 is intent to promote enmity. Often it is so because hate speech and offensive speech are separate yet bordering concepts. Courts have held that for a conviction it has to be established that there was intent to stir up some violence or hatred while these aspects can be exceptionally difficult to prove especially where different sections of the society have different interpretations of the words of a single person. In addition, many aspects, such as differences in socio-cultural context and interpretation, can lead to misunderstandings and wrongful accusations.

4. Controlling online Hate Speech

The dawn of technology has transformed communication for hate speech transgressors and given them the tools to reach a larger audience within a very short time, thanks to social platforms such as Facebook or Twitter. Although Section 196 is aimed at online speech, its application bears practical difficulties. Social networking sites are very short lived in that one can post any content that can be disseminated faster than the authorities can act on it. Further, it has been observed that law has a hard time controlling hate speech due to the rise of digital communication, which has a corresponding increase in speed.

5. Emerging Overlapping issues

Another drawback is that this law may conflict with other provisions that deal with hate speech as well as preserving public order, for example Section 153A of the IPC and the Information Technology Act. This can be problematic in deciding what law applies in which situation, especially in cases where speech takes place in more than one form (online and offline). Some people opine that this overlap of different laws contradicts their enforcement and causes wastage of resources.

6. Critique on Inchoate Language

Criticism has also been directed towards the uncertainty of the terminology used in Section 196. Words like ‘disharmony’, ‘enmity’ and ‘public tranquillity’ are notoriously elastic in their meanings making it impossible to put a finger on what amounts to a breach. Such ambiguity provides potential for capricious interpretations undermining the enforcement.

Case Laws Relating Enmity Promotion

1. Bilal Ahmed Kaloo vs State of Andhra Pradesh (1997)

This was the first case in which the Supreme Court of India elaborated on the working of the laws related to promoting enmity. The accused was arrested under Section 153A IPC because he was alleged to have stirred enmity between different communities through disseminating the contents of the printed pamphlets. 

The court observed that intent comes into play in such instances and it must be proved by the prosecution that the actions were intended to enflame violent sentiments between the groups. This case holds importance regarding Section 196 of the BNS as it gets the point across that being simply offensive isn’t enough—there is a need to incite hatred on purpose.

2. Manzar Sayeed Khan vs State of Maharashtra (2007)

This case was in relation to a book authored by accused, which was claimed to promote inter-religious hatred. The Supreme Court stated that reading some sentences out of context to give them a meaning not intended by the writer or generating a reader’s outrage at the possibility of offence cannot sustain a conviction. 

To sustain a charge under Section 153A IPC or Section 196 of BNS, it is imperative to establish that the purpose was to create enmity and not simply cause irritation. The court also added that The Anti-Communal Violence Laws should not be invoked to curb the fundamental right of Free Speech on the ground of any misconceived apprehension of enmity between the communities susceptible to its application.

3. Pravasi Bhalai Sangathan vs Union of India (2014)

The pronounced tendencies of hate speech in modern India are the focus of this case. The petitioners wanted measures imposed on some eminent persons for making hate speeches that inflamed conflict between communities. In turn, while rejecting the PIL, the Supreme Court pointed out the necessity to have strategies to deal with hate speeches but which do not infringe on the freedom of speech. 

It found that there is a social need for regulation on hate speech which should be harsh especially in the age of communication excess. This is within the context of Section 196 of BNS that deals with the dissemination of hate speech through the web or in public gatherings.

4. Narendra Kumar Arya vs State of Rajasthan (2015)

In this instance, the Rajasthan High Court considered the case of the displayed incendiary speeches of the politician as the source of the aggravated communal discord. The court stated and maintained that the political speech which tends to generate animosity cannot be within the constitutional safeguard of freedom of speech and upheld the charges under section 153A of IPC. 

This decision directly corresponds to the provisions under Section 196 BNS that provides for the punishment of any political or public figure who publicly engages in hate speech which advances violence amongst different groups.

5. Zameer Ahmed Latifur Rehman Sheikh vs State of Maharashtra (2010)

The case involved a communal riot that was sparked after the release of a film. The Bombay High Court found the filmmakers liable for the promotion of outfitting for hatred between different religious communities leading to riots. This case illustrates and puts into perspective the media; more so where there are provisions with the clause Section 196, particularly with content that can lead to violence through the film, abuse or any other means of mass reproduction.

Example based on Section 196 of BNS

1. Law on Hate Speech

In an election campaign rally, a politician made some derogatory comments on a religious sect and held them responsible for the crimes in the locality. There was some public backlash and leaders of the community made complaints to the law enforcement agencies regarding the comments made. The politician was charged with certain provisions of the Indian Penal Code and was banned from campaigning for a specific period of time.

2. Language Minorities Abuse 

In one of the states down south, a government office restricted service delivery to the majority language spoken in the office leaving out those who spoke other languages. This drew the attention of activists who called for an investigation. The office was then made to provide language services to all the residents of the area in order to help achieve fairness.

3. Violence during a Political Rally

During a political rally that an utterance referring to another community attacking members of a different community precipitated violence. The authorities responded and started an operation to investigate how the misinformation was created. The individuals who were at the forefront of telling lies were charged with crimes and leaders of the communities declared peace building initiatives.

4. Discrimination by Educational Institute 

A university was accused of discriminating against students from certain regions by not offering adequate support in their native languages. Complaints led to an inquiry, resulting in the university revising its policies to include language support and cultural sensitivity training for staff, fostering a more inclusive environment.

5. Online Hate Campaign

In the year 2021, many online self-promotion content reached out specifically blaming one ethnic group of the target audience for backlashes due to economic reasons. The communications were duly reported by the digital rights bodies and consequently, an enquiry was conducted by the state apparatus. The perpetrators of the hate campaign were brought to book which signifies the importance of responsible behavior within the cyberspace.

Real World Implications of Section 196 of BNS

1. Combating Hate Speech in Contemporary Society

Image a place or a period when social media was not used, hate speech could take time before it was spread within a society. Under Section 196 of the Bharatiya Nyaya Sanhita (BNS), this risk is mitigated since no one can be heard to promote enmity against others whether the speech is made in person or it is in a digital format. This clause does not apply only to direct speech but also extending the wisdom of traffic control to communication strategies geared towards toxic fundraising posters. These days, rather easily, one can learn how to artificially create a post or any text, thus rendering these situations and incidents where it might create serious trouble impossible to contain.

2. Political Rallies and Speeches 

Emotions run wild during political leader’s addresses to large crowds which tend to make such gatherings a potential seeding ground of the communal conflict. Section 196 has been effective in out rightly banning certain discourses from the political arena in that it does not allow speeches that are likely to cause discord among various communities. In particular, where such speeches contain, for instance, encouragements towards attacks organized against populations coherently organized by religion or nationality – sect 196 can be relatively easily applied to censor such speeches. This is crucial, especially in the periods that their countries hold politics, elections, as the chances of use of polarizing language for political gains increase which many times descends into wars. Giving the relevance of Section 196 in these contexts enforce peace by curtailing and discouraging such politically motivated violence.

3. Safeguarding Inter-communal Equanimity

In a country like India where there are several religions, one expects that the places of worship where any acts of enmity are loathing. This offense has extra extremes, considering that under Section 196, every effort to cause disharmony in a particular structure of worship shall be punished more severely and harsher consequences meted out.

Such a provision is much needed to those who would want to engage in any form of hatred of religion for selfish political reasons. At the moment, section maintains that factors like this do not happen and cause most of the hoarding in the order even in the such highest of all tension moments of during any gatherings.

4. Prevention of Violent Activities Within Society

Section 196 also forbids the planning of activities or movements that are designed to provoke violence against particular groups. This clause performs a lot of work when it becomes impossible to allow extreme elements to bring up a ‘hit squad’ that will begin to recruit and train people against certain minorities or other populations. Such preventative measures as those included within Section 196 minimises the possibility of such movements degenerating into large-scale ethnic riots and helps to promote quality peace.

5. Social Media Moderation and Accountability

In pursuance of social interaction, it is almost imperative to moderate the content that encourages war since it is the new battleground. Section 196 comes in handy to protect people and even more so, platforms from being misused by those that promote hatred. While moderation is at the discretion of the platforms, Section 196 also comes into play, granting the authorities power to take action against any published material that escapes moderation on the platform. This makes the combating of cyber hate speech much more systemic.

6. Legal sanctions to limit the rise of such behaviors

The threats incorporated in Section 196 cannot be ignored since they carry with practical implications. This is illustrated where the possibility of being jailed five years or more would dissuade anyone intent on dishing out hate speeches or rounding up people for an onslaught. It follows that, neither the enforcer nor any of its members will take any action that will promote unrest.

Conclusion

Section 196 of the Bharatiya Nyaya Sanhita is more than just a legal provision; it is a commitment to maintaining social harmony in a diverse nation. By addressing the roots of enmity and providing a legal framework to combat it, we take significant strides toward building a more inclusive society.

As individuals and communities, we must uphold the values of respect and empathy, ensuring that our differences are celebrated rather than exploited. In doing so, we not only comply with the law but also contribute to a society where every individual can thrive, irrespective of their background.

Frequently Asked Questions on Section 196 of BNS

Q1. What is Section 196 of the Bharatiya Nyaya Sanhita?

Ans1. Section 196 prohibits promoting enmity or hatred between different groups based on religion, race, language or other characteristics. It aims to maintain social harmony and prevent acts that disrupt public peace.

Q2. What types of actions does Section 196 cover?

Ans2. It covers actions that include:

• Promoting disharmony through speech, writing or electronic communication.
• Committing acts that disturb public tranquillity between different communities.
• Organizing activities that incite or prepare participants to use violence against specific groups.

Q3. What are the penalties for violating Section 196?

Ans3. Violators can face imprisonment of up to three years, fines or both. If the offense occurs in a place of worship or during religious ceremonies, the imprisonment can extend to five years.

Q4. In what ways is Section 196 different from Section 153-A of Indian Penal Code?

Ans4. Both the provisions deal with the aspect of promoting hostility amongst the various clans. However, Section 196 is a more recent provision (2023) and contains distinct provisions relating to communication through electronic means, taking into account the modern issue of hate speech via the internet.

Q5. Impact of Section 196 in maintaining social order?

Ans5. It appreciates the threats that such encourages in a multi-ethnic state like India. It hopes to achieve tolerance between the groups by prohibiting hate speech and other forms of violence.

Q6. Give a few examples of contraventions falling under Section 196 policies.

Ans6. Few examples are

• Any politician, as part of his or her campaign, makes disparaging comments related to a given religion.
• Discrimination as a result of a government establishment refusing to provide services owing to a different language.
• Holding events that promote violence against a community. 

Q7. What challenges exist in implementing Section 196?

Ans7. Challenges include the possibility of abuse of the law, the difficulty of a clearer definition of hate speech and adequate enforcement conflict in enforcement where Regions are different. There is a need for continuous engagement of the concerned parties in order to ensure that the section is put to active use.

Q8. How could the communities play a role in furthering the aims of Section 196?

Ans8. Communities can instill social cohesion through intercommunity dialogues, cultural exchange activities and diversity events. It would also help to address the awareness of hate speech consequences.

Q9. In what way does Section 196 assist hate speech victims?

Ans9. The law stipulates that offenders should be dealt with expedition and recognizes the importance of backing up the perpetrators with all forms of assistance including legal and psychosocial to rebuild the society that has suffered from hate.

Q10. What is the societal impact of Section 196?

Ans10. Through its objectives, Section 196 attempts to grapple with the underlying divisive issues and advocates for a peaceful culture in which differences are treasured for the sake of promoting the nation’s oneness and sociopolitical peace.

Q11. How does Section 196 protects the integrity of other religions?

Ans11. Section 196 protects the secular fabric of society by penalising acts of provocation to hatred at such places where there is a possibility of heightened anger, for example in the course of religious functions or in a place of worship vis-a-vis other religions.

Q12. Are offenses under Section 196 cognizable and non-bailable?

Ans12. Yes, crimes which fall under Section 196, are cognizable and non-bailable, implying that the police can arrest on suspicion without a warrant and bail is restricted.