Bharatiya Nyaya Sanhita, 2023 · Chapter XI: Of Offences against the Public Tranquillity
Section 196: 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 plain words
Promoting disharmony, enmity, hatred or ill-will between religious, racial, language or regional groups, castes or communities, by words, signs, electronic communication or otherwise, is punishable with up to three years in prison, or a fine, or both.
- It also covers acts that harm harmony between such groups and disturb public tranquillity.
- It also covers organising or joining drills or similar activities to train people in violence against such a group, where this causes fear or insecurity.
- If done in a place of worship or at a religious gathering: up to five years and a fine.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 196 carries forward section 153A of the IPC: promoting enmity between groups on grounds of religion, race, place of birth, residence, language, caste or community, and acts prejudicial to harmony. It expressly adds electronic communication as a means.
Key points
- At least two groups or communities must be involved; inciting feelings of one alone is not enough.
- Intention to promote enmity, or knowledge that it is likely, is essential.
- Words are read as a whole, by the standard of reasonable, strong-minded people.
- Criticism of authorities or pleas for equality are not hate speech.
- Sub-section (2) punishes the offence more severely in places of worship or religious assemblies.
Key Supreme Court rulings
Bilal Ahmed Kaloo v. State of A.P. (1997) 7 SCC 431
Decided under section 153A of the IPC. At least two groups or communities must be involved; inciting one community's feelings alone does not attract the offence.
Patricia Mukhim v. State of Meghalaya 2021 INSC 213
A post criticising official apathy and pleading for equal treatment showed no intention to promote enmity; the FIR was quashed.
Common mistakes
- Applying the section where only one community is involved.
Read with: Section 299 BNS, Section 153A IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 196
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Imran Pratapgadhi v. State Of Gujarat and Anr.
Whether on facts, the offences punishable under Sections 196, 197, 299 and 302 of the BNS as alleged, were made out against the appellant, a Member of Rajya Sabha; whether the High Court erred in rejecting the petition…