Indian criminal law | Updated 29 October 2026
IPC Section 153A: Promoting Enmity Between Groups and BNS Section 196
Section 153A of the Indian Penal Code, 1860, addressed promoting enmity between groups on grounds including religion, race, place of birth, residence, language, caste or community, and acts prejudicial to communal harmony. For offences governed by the criminal law in force from 1 July 2024, the corresponding provision is Section 196 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What does IPC Section 153A mean?
IPC Section 153A was titled Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. It dealt with three broad forms of conduct:
- Words and representations: by spoken or written words, signs, visible representations or otherwise, promoting or attempting to promote disharmony, enmity, hatred or ill-will between protected groups.
- Acts affecting harmony: doing an act prejudicial to harmony between such groups that disturbs or is likely to disturb public tranquillity.
- Violence-oriented activities: organising or participating in exercises, movements, drills or similar activities involving intended or likely training in or use of criminal force or violence against a protected group, causing or likely to cause fear, alarm or insecurity among its members.
The earlier provision covered religious, racial, language and regional groups, castes and communities. The precise statutory words and the circumstances of the alleged conduct are important; merely being offensive or unpopular does not by itself establish every element of the offence.
Current law: BNS Section 196
Section 196(1) of the BNS substantially carries forward the three categories above. It covers promotion or attempted promotion of enmity or disharmony by words, signs, visible representations, electronic communication or otherwise; acts prejudicial to harmony that disturb or are likely to disturb public tranquillity; and specified activities involving criminal force or violence directed against protected groups.
Section 196(2) provides an enhanced penalty where an offence specified in subsection (1) is committed in a place of worship or an assembly engaged in the performance of religious worship or religious ceremonies.
The BNS expressly refers to electronic communication. Online posts, videos and messages therefore may be relevant, but liability still depends on proof of the applicable statutory ingredients and context.
Punishment under IPC 153A and BNS 196
| Provision | Maximum punishment |
|---|---|
| IPC Section 153A(1) (former law) | Imprisonment up to 3 years, or fine, or both |
| IPC Section 153A(2) (former law; place of worship or religious assembly) | Imprisonment up to 5 years and fine |
| BNS Section 196(1) (current law) | Imprisonment up to 3 years, or fine, or both |
| BNS Section 196(2) (current law; place of worship or religious assembly) | Imprisonment up to 5 years and fine |
These are statutory maximums, not automatic sentences. The court determines liability and sentence on the evidence and applicable law.
Essential ingredients and proof
Prosecution must establish the particular statutory limb relied upon, the act or communication attributed to the accused, the relevant group-based nexus, and the required intent or knowledge where applicable. For the harmony-related limb, disturbance or likelihood of disturbance of public tranquillity is significant. For the drill or violence-related limb, the statute specifies the nature of the activity, intended or likely use or training in criminal force or violence, and resulting or likely fear, alarm or insecurity.
Courts examine the whole communication, context, audience, surrounding circumstances and the requisite mental element. An isolated extract should not be treated as conclusive without context. The prosecution must prove its case beyond reasonable doubt.
Free speech, criticism and constitutional safeguards
Article 19(1)(a) of the Constitution protects freedom of speech and expression, subject to lawful reasonable restrictions under Article 19(2), including public order. Criticism of a government, policy, religion or social practice is not automatically the offence of promoting enmity. Whether a particular statement crosses the statutory threshold requires careful examination of its meaning, intent, context and likely effect.
In Amish Devgan v. Union of India (2020), the Supreme Court discussed hate speech, context and the distinction between protected speech and unlawful expression. In Patricia Mukhim v. State of Meghalaya (2021), the Supreme Court emphasised that criticism and advocacy for protection of communities do not automatically amount to an offence under IPC Section 153A. These cases must be read in full and applied to the facts of each matter.
Illustrative situations
Example 1: Deliberately inflammatory public message
A person circulates a message intentionally encouraging hostility or violence against an identified religious community. Depending on the words, circumstances and evidence, BNS Section 196(1) may be attracted.
Example 2: Public-interest criticism
A person criticises a discriminatory policy and asks for peaceful legal reform. Criticism alone, without proof of the statutory elements, should not be equated with promotion of enmity.
Example 3: Violence training aimed at a community
An organiser arranges a drill to train participants to use criminal force against a particular community, causing or likely to cause fear or insecurity among its members. The activity may fall within the violence-oriented limb of Section 196(1).
Example 4: Offence in a place of worship
Where conduct satisfying Section 196(1) occurs in a place of worship or qualifying religious assembly, the enhanced punishment under Section 196(2) may apply.
Investigation and prosecution
Procedural questions, including arrest, bail, investigation and the court competent to try the offence, are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and its First Schedule, together with other applicable law. The specific subsection and facts matter. Section 217 of the BNSS also contains special rules concerning cognizance of certain offences, including offences under BNS Section 196; the applicable requirement of previous sanction should be checked before prosecution proceeds.
Does IPC 153A still apply?
The IPC was replaced by the BNS with effect from 1 July 2024. Conduct alleged to have occurred before that date may still be governed by the IPC, subject to the relevant repeal, savings and transitional provisions. The date of the alleged act, rather than merely the date of an FIR or trial, is important when identifying the substantive offence.
Related legal provisions
- BNS Section 196: Promoting enmity between different groups and acts prejudicial to maintenance of harmony.
- BNS Section 197: Imputations and assertions prejudicial to national integration; a separate offence with different elements.
- BNS Section 192: Wantonly giving provocation with intent to cause riot; a different offence.
- Constitution Article 19: Freedom of speech and constitutionally permitted restrictions.
Frequently asked questions
What is IPC Section 153A?
It penalised specified acts promoting enmity or disharmony between groups, acts prejudicial to harmony that disturb or are likely to disturb public tranquillity, and specified violence-oriented exercises or drills.
Which BNS section corresponds to IPC Section 153A?
Section 196 of the Bharatiya Nyaya Sanhita, 2023, broadly addresses promoting enmity between different groups and acts prejudicial to maintenance of harmony.
What is the punishment under BNS Section 196?
For the ordinary offence, imprisonment up to three years, or fine, or both. If committed in a place of worship or an assembly engaged in religious worship or ceremonies, imprisonment up to five years and fine.
Does criticism of a religion or public policy automatically constitute this offence?
No. The particular statutory elements, the words and context, the required mental element as interpreted by courts, and applicable constitutional protections must be assessed.
Does the new BNS apply to conduct before 1 July 2024?
The BNS commenced on 1 July 2024; earlier conduct must be evaluated under the applicable prior law and relevant savings and transitional rules.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) - official India Code PDF (see Section 196).
- India Code - official central legislation database (search IPC Section 153A and BNSS provisions).
- Legislative Department - Constitution of India (Article 19).
This page is general legal information, not case-specific legal advice. Consult the statutory text and a qualified advocate for current proceedings.