Imputations, assertions prejudicial to national integration

What this section does

Penalises making or publishing imputations that any class of persons cannot bear true faith to the Constitution or uphold India's sovereignty and integrity, asserting denial of citizenship rights on group grounds, making appeals likely to cause enmity between groups, or publishing false or misleading information jeopardising India's sovereignty, unity, integrity, or security. An aggravated offence applies when committed 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.197(1)): imprisonment up to 3 years, or fine, or both. Aggravated offence (s.197(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 made or published an imputation that a class of persons cannot bear true faith to the Constitution or uphold sovereignty and integrity of India by reason of their group membership (s.197(1)(a)); OR
2. Asserted, counselled, advised, propagated, or published that a class of persons shall be denied or deprived of their rights as citizens by reason of group membership (s.197(1)(b)); OR
3. Made or published an assertion, counsel, plea, or appeal concerning obligations of a class of persons by reason of group membership, causing or likely to cause disharmony, enmity, hatred, or ill-will (s.197(1)(c)); OR
4. Made or published false or misleading information jeopardising the sovereignty, unity, integrity, or security of India (s.197(1)(d))
5. The act was done by words (spoken or written), signs, visible representations, electronic communication, or otherwise
6. For aggravated offence (s.197(2)): the offence was committed in a place of worship or in an assembly engaged in religious worship or ceremonies

Derived from IPC s.153B.