What is Section 197 of Bharatiya Nyaya Sanhita (BNS)?

The fundamental rights have been granted by India’s Constitution which includes the right to life (Article 21), equality before law (Article 14), and freedom of speech and expression (Article 19). However, these freedoms are not absolute. To preserve public order, secure national unity, and prevent conflicts legal limitations are essential.

Here comes an important section 197 of Bharatiya Nyaya Sanhita, 2023, earlier it was section 153B of Indian Penal Code. This section states the hate speech and false assertions that could damage national unity.

What Does Section 197 of BNS Cover?

Section 197 penalizes any person who:

• Makes or circulates imputations or assertions that may harm national integration
• Targets communities on the basis of religion, language, caste, or race
• Uses spoken, written, or electronic communication to spread hatred
• Publishes false or misleading content that endangers India’s sovereignty, unity, or security

This provision aims to discourage individuals from misusing their right to freedom of speech, the act of disseminating harmful beliefs and attitudes. 

Key Aspects of Section 197 (BNS)

Introduction of “Electronic Communication”

Unlike earlier laws, Section 197 explicitly includes electronic communication (e.g., social media, WhatsApp, emails) as a method of spreading hate. This update addresses modern-day dissemination channels.

False or Misleading Information

Subsection (1)(d) penalizes those who create or publish misleading content that threatens the nation’s unity or public order. Even rumors that go viral can fall under this clause.

Nature of the Offence

• Cognizable Offence: Police can arrest without a warrant.
• Non-Bailable: Bail is not a matter of right and depends on the court’s discretion.
• Seriousness: This is classified as a serious offence due to its potential to provoke communal tensions.

Even if a riot does not actually occur, intentional incitement is sufficient to invoke this section. This preemptive nature makes it powerful but also necessitates cautious application.

Essential Ingredients of Section 197 BNS

To invoke Section 197, the following conditions must be satisfied:

Element	Explanation
Imputation or assertion	The statement must suggest something derogatory against a group
Public dissemination	It must be communicated publicly (spoken, printed, or online)
Intent (Mens Rea)	There must be a deliberate intent to incite disharmony or hatred
Targeted groups	Must involve at least two communities (e.g., religious, racial, linguistic)
Impact	Must be serious enough to disrupt public order or religious sentiments

Mere mention of another group is not enough — the statement must provoke actual hatred or disharmony.

Punishment under Section 197 of BNS

The law prescribes the following punishments:

• Up to 3 years of imprisonment, or
• Fine, or
• Both

However, if the offence is committed in a place of worship, the punishment is enhanced to:

• Up to 5 years of imprisonment, or
• Fine, or
• Both

This recognizes the sensitive nature of religious spaces and seeks to deter acts that might disturb communal peace.

Why Was This Law Introduced?

India is a diverse country with multiple faiths, languages, and cultures. While this diversity is a strength, it has also been a source of conflict when hate speech or misinformation targets specific communities.

Section 197 is designed to balance freedom of expression with national integration. It affirms that:

• Speech that promotes unity is protected, but
• Speech that promotes hatred is punishable

In a country known for “Unity in Diversity”, this provision aims to preserve social harmony.

Criticism and Challenges

While the law is necessary, some legal experts argue that terms like “subversive”, “hatred”, or “discord” are subjective. This opens the door to:

• Misuse by authorities
• Suppression of legitimate dissent or criticism
• Targeting of minority voices under the guise of ‘public order’

Thus, strict judicial oversight and safeguards are essential to ensure the law is used judiciously.

Conclusion

Section 197 of the BNS is a crucial law aimed at protecting India’s sovereignty, public peace, and national integration. It ensures that free speech is exercised responsibly, and no community is vilified in the name of expression.

However, as with all laws that regulate speech, its enforcement must be balanced, fair, and constitutionally sound. The intent must always be to prevent harm—not suppress dissent.

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FAQs

1. What is Section 197 of Bharatiya Nyaya Sanhita about?

It criminalizes hate speech and false assertions that promote enmity between different communities or threaten national integration.

2. Is electronic communication included under Section 197 BNS?

Yes. Any hate-inducing content shared via electronic means like social media, messages, or online platforms is covered.

3. What is the punishment under Section 197?

The punishment is up to 3 years imprisonment or a fine, or both. If the offence occurs in a place of worship, it extends to 5 years.

4. Can someone be punished under Section 197 even if no riot occurs?

Yes. If the person intended to incite hatred and made provocative statements, punishment can be imposed even if no riot took place.