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BNS · Section 196 · Chapter XI — OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

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

What this section does

Prohibits promoting enmity, disharmony, or ill-will between different religious, racial, linguistic, regional, caste, or community groups through words, signs, electronic communication, or acts prejudicial to public tranquillity, as well as organising or participating in activities intended to train participants in criminal force or violence against such groups. An aggravated offence is committed when the act is done in a place of worship or during religious ceremonies.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Basic offence (s.196(1)): imprisonment up to 3 years, or fine, or both. Aggravated offence in place of worship (s.196(2)): imprisonment up to 5 years and fine.
Triable by
Sessions Court
Cognizable
Yes
Bailable
No
Compoundable
No

Ingredients (what prosecution must prove)

  1. The accused promoted or attempted to promote disharmony, enmity, hatred, or ill-will between different groups on grounds of religion, race, place of birth, residence, language, caste, community, or any other ground (s.196(1)(a)); OR
  2. Committed an act prejudicial to harmony between such groups that disturbs or is likely to disturb public tranquillity (s.196(1)(b)); OR
  3. Organised, participated in, or trained others in exercises or activities intending or knowing it likely that participants would use criminal force or violence against such groups, causing or likely to cause fear or insecurity among members of such groups (s.196(1)(c))
  4. For aggravated offence (s.196(2)): the offence was committed in a place of worship or in an assembly engaged in religious worship or ceremonies

Practitioner note

The section expressly includes electronic communication as a mode of commission, reflecting the digital age. The aggravated form under s.196(2) mandates both imprisonment and fine (not in the alternative). Practitioners should note that the offence under s.196(1)(c) requires proof of intent or knowledge regarding use of criminal force and actual or likely causation of fear or insecurity.

Old-law correspondence

Read the official text

For the binding statutory text of BNS Section 196, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 196 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.