Section 196 BNS: Promoting Enmity Between Different Groups

Section 196 of the Bharatiya Nyaya Sanhita, 2023 deals with promotion or attempted promotion of disharmony, enmity, hatred or ill-will between specified groups, acts prejudicial to communal harmony and certain organised activities involving criminal force or violence against such groups.

Law in force: The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) came into force on 1 July 2024, except section 106(2). Section 196 is in force.

Text of Section 196 BNS

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.

(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.

Scope and Essential Ingredients of Section 196

Section 196(1) contains three principal forms of prohibited conduct. Clause (a) addresses communications or representations that promote or attempt to promote disharmony, enmity, hatred or ill-will between protected groups on the grounds stated in the provision. The text expressly includes electronic communication.

Clause (b) addresses an act prejudicial to the maintenance of harmony between the specified groups where the act disturbs, or is likely to disturb, public tranquillity.

Clause (c) deals with organising or participating in an exercise, movement, drill or similar activity involving intended or likely use or training in criminal force or violence against a protected group where the activity causes, or is likely to cause, fear, alarm or insecurity among members of that group.

Group-based element: The language of Section 196 concerns disharmony, enmity, hatred or ill-will between different religious, racial, language or regional groups, castes or communities. Whether the statutory ingredients are satisfied depends on the words, conduct, context, intended or likely effect and the particular clause invoked.

Relevant Legal Expressions

Electronic communication

Section 196(1)(a) expressly covers communication made through electronic means. Accordingly, the provision is capable of applying to digital communications where the other statutory ingredients are satisfied.

Criminal force - Section 129 BNS

Section 129 defines criminal force by reference to intentional use of force without consent for committing an offence, or with the intention or knowledge that the force is likely to cause injury, fear or annoyance.

Force - Section 128 BNS

Section 128 explains when a person is said to use force to another, including causing motion, change of motion or cessation of motion in the manner specified by the provision.

Public tranquillity

Section 196(1)(b) expressly requires that the act prejudicial to harmony disturb, or be likely to disturb, public tranquillity. This requirement forms part of the statutory language of clause (b).

Punishment, Cognizability, Bail and Court

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies both forms of the offence under Section 196 as cognizable and non-bailable.

Provision	Offence	Punishment	Cognizable	Bailable	Triable by
Section 196(1)	Promoting enmity between different groups and acts prejudicial to maintenance of harmony	Imprisonment up to 3 years, or fine, or both	Yes	No	Magistrate of the First Class
Section 196(2)	Commission of an offence under Section 196(1) in a place of worship or an assembly engaged in religious worship or ceremonies	Imprisonment up to 5 years and fine	Yes	No	Magistrate of the First Class

Previous Sanction Under Section 217 BNSS

Important procedural requirement: Under Section 217(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no court shall take cognizance of an offence punishable under Section 196 BNS except with the previous sanction of the Central Government or the State Government.

Section 217 also covers criminal conspiracy to commit such an offence and specified abetment. The provision further permits the Central Government or the State Government, before according sanction, to order a preliminary investigation by a police officer not below the rank specified in that section.

Difference Between Section 196(1) and Section 196(2)

Section 196(1) contains the substantive forms of prohibited conduct concerning group-based enmity, disharmony, disturbance of public tranquillity and certain violent or force-related organised activities.
Section 196(2) applies where an offence specified in sub-section (1) is committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies.
The maximum imprisonment under sub-section (1) is three years.
The maximum imprisonment under sub-section (2) is five years, and the offender is also liable to fine.
Both classifications are cognizable, non-bailable and triable by a Magistrate of the First Class.
Previous sanction under Section 217 BNSS is required before a court takes cognizance of an offence under Section 196 BNS.

Official Resources

For authoritative statutory text and procedural requirements, refer to the official Government of India sources below.

This page is intended as a general legal information resource. Application of Section 196 to a particular FIR, sanction order, bail proceeding or trial depends on the allegations, context, evidence and other provisions invoked.