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BNS 2024ACTIVE FRAMEWORK
Section 197
Imputations and Assertions Prejudicial to National Integration
Replaces colonial-era: IPC 153B
Non-BailableCognizable: CognizableMagistrate First Class
Reform Highlights
1
Renumbered from IPC 153B to BNS 197.
2
Same 3/5-year punishment structure preserved.
3
Non-bailable status preserved.
THE STATUTE
The Clause
Whoever makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India, or asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied, or deprived of their rights as citizens of India, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
Legal Commentary
Section 197 addresses a specific and corrosive form of hate speech: assertions that certain communities are inherently incapable of national loyalty or that certain groups should be denied citizenship rights based on their religious, racial, linguistic, regional, or caste identity. Such assertions divide citizens into categories of 'trustworthy' and 'untrustworthy' based on identity — fundamentally incompatible with the constitutional guarantee of equal citizenship. Unlike Section 196 (promoting enmity between identifiable groups), Section 197 can be triggered by assertions targeting a single group's capacity for national loyalty without necessarily requiring comparison to another group. The provision covers both publication and personal assertion — a politician, journalist, or social media user who makes such claims faces this provision. Enhanced punishment of 5 years applies if the offence is committed in a place of public worship.
Case Simulations
"Claiming that members of a certain religion should be stripped of citizenship — Section 197."
"Publishing material asserting a linguistic group is inherently anti-national — Section 197."
Expert Insights
Yes — Section 197 specifically targets imputations that members of a group cannot bear true faith to the Constitution. Such assertions are the primary target of this provision.