IPC Section 153B: Imputations Prejudicial to National Integration - BNS Section 197
IPC Section 153B penalised specified assertions and imputations undermining national integration. Its corresponding current provision is Section 197 of the Bharatiya Nyaya Sanhita, 2023, which expressly covers electronic communication and adds a separate clause about false or misleading information endangering national interests.
Current provision: BNS Section 197 (from 1 July 2024).
Ordinary offence: Up to three years' imprisonment, or fine, or both.
Place of worship or religious assembly: Up to five years' imprisonment and fine.
BNSS classification: Cognizable, non-bailable; triable by a Magistrate of the first class.
Former IPC Section 153B: Meaning and statutory ingredients
Section 153B of the Indian Penal Code, 1860 was titled "Imputations, assertions prejudicial to national-integration". Under subsection (1), spoken or written words, signs, visible representations or other means could constitute the offence if they involved any of the following:
- Section 153B(1)(a): Making or publishing an imputation that a class of persons cannot, because of religion, race, language, region, caste or community, bear true faith and allegiance to the Constitution of India or uphold India's sovereignty and integrity.
- Section 153B(1)(b): Asserting, advising, counselling, propagating or publishing that such a class should be denied or deprived of rights as citizens of India because of that identity.
- Section 153B(1)(c): Making or publishing assertions, counsel, pleas or appeals concerning obligations of such a class where they cause or are likely to cause disharmony, enmity, hatred or ill-will between members of that class and others.
The historical punishment under subsection (1) was imprisonment up to three years, or fine, or both. Under subsection (2), committing a subsection (1) offence in a place of worship or in an assembly engaged in religious worship or ceremonies attracted imprisonment up to five years and liability to fine.
The IPC remains relevant to conduct predating the new codes, subject to the applicable repeal-and-savings provisions and procedural transition rules.
BNS Section 197: Current law on national integration
Section 197(1) of the Bharatiya Nyaya Sanhita, 2023 retains the core prohibitions in former IPC Section 153B(1)(a), (b) and (c). It applies to statements made or published through spoken or written words, signs, visible representations, electronic communication or otherwise.
Section 197(1)(a): Allegations of disloyalty
Prohibits imputations that a class of persons cannot bear true faith and allegiance to the Constitution or uphold India's sovereignty and integrity solely because of membership of a protected religious, racial, language or regional group, caste or community.
Section 197(1)(b): Denial of citizenship rights
Prohibits assertions, advice, counsel, propaganda or publication that such a class should be denied or deprived of its rights as citizens because of group identity.
Section 197(1)(c): Divisive appeals about group obligations
Addresses assertions, counsel, pleas or appeals about the obligations of a class of persons where the statement causes or is likely to cause disharmony or feelings of enmity, hatred or ill-will between members of that class and other persons.
Section 197(1)(d): False or misleading information
This new clause covers making or publishing false or misleading information jeopardising the sovereignty, unity and integrity or security of India. It is not a blanket prohibition on every inaccurate statement: the specified jeopardy is part of the statutory wording.
Section 197(2): Place of worship
Where a Section 197(1) offence is committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies, subsection (2) provides the enhanced punishment.
IPC Section 153B vs BNS Section 197: Key differences
| Subject | Former IPC 153B | Current BNS 197 |
|---|---|---|
| Group-based allegations of disloyalty | Section 153B(1)(a) | Section 197(1)(a) |
| Denial of citizenship rights | Section 153B(1)(b) | Section 197(1)(b) |
| Divisive statements about obligations | Section 153B(1)(c) | Section 197(1)(c) |
| Electronic communications | Covered by broad wording where applicable | Expressly mentioned |
| False or misleading information jeopardising national sovereignty, unity, integrity or security | No separately numbered clause (d) | New Section 197(1)(d) |
| Maximum punishment | Three years; five years at worship location | Same maximum terms |
Punishment, bail and investigation under the BNSS
| Provision | Punishment | Classification | Trial court |
|---|---|---|---|
| BNS 197(1) | Up to 3 years, or fine, or both | Cognizable; non-bailable | Magistrate of the first class |
| BNS 197(2) | Up to 5 years and fine | Cognizable; non-bailable | Magistrate of the first class |
These classifications follow the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Cognizable does not mean arrest is automatic; statutory safeguards and the facts of each case still govern police action. Non-bailable does not mean bail is impossible; bail is determined under applicable law by the competent court.
Under BNSS Section 217, cognizance of certain offences against the State and for criminal conspiracy to commit such offences requires previous sanction of the Central or State Government, as applicable; practitioners should verify the exact statutory sanction requirement and its application to BNS Section 197 before instituting proceedings.
Practical illustrations
Example 1: Disloyalty alleged solely because of religion
A publication declares that all members of a named religious community are inherently incapable of loyalty to the Constitution. Depending on its words, context and evidence, BNS Section 197(1)(a) may be engaged.
Example 2: Advocacy to remove citizenship rights
A speaker urges that an entire linguistic community be stripped of citizenship rights solely because of its language. The elements of Section 197(1)(b) may be relevant.
Example 3: False information endangering national security
An individual deliberately publishes fabricated information whose nature and circumstances jeopardise India's security. Section 197(1)(d) may be examined, subject to proof of every statutory requirement.
Example 4: Context and protected speech
Good-faith discussion, reporting or criticism is not automatically an offence. The actual language, intent where legally relevant, surrounding circumstances, statutory ingredients and constitutional freedom of expression must all be considered.
Related provisions and constitutional considerations
BNS Section 196 concerns promoting enmity between different groups and acts prejudicial to harmony; it addresses a related but distinct offence. BNS Section 197 specifically concerns the imputations, assertions and publications described above. Article 19(1)(a) of the Constitution protects freedom of speech and expression, subject to constitutionally permitted reasonable restrictions under Article 19(2). Enforcement must account for those constitutional safeguards and judicial interpretation.
Frequently asked questions
Which BNS section corresponds to IPC Section 153B?
Section 197 of the Bharatiya Nyaya Sanhita, 2023 corresponds to the former IPC Section 153B.
What is the punishment under BNS Section 197?
Under subsection (1), imprisonment up to three years, or fine, or both. Under subsection (2), when the offence occurs in a place of worship or an assembly engaged in religious worship or ceremonies, imprisonment up to five years and fine.
Does BNS Section 197 apply to electronic communication?
Yes. Section 197(1) expressly includes electronic communication among the methods of making or publishing the prohibited imputations or assertions.
What was added to the earlier IPC provision?
BNS Section 197(1)(d) additionally covers making or publishing false or misleading information jeopardising the sovereignty, unity and integrity or security of India.
Is BNS Section 197 bailable?
Both forms of the offence are classified as cognizable and non-bailable under the BNSS First Schedule and are triable by a Magistrate of the first class.
Does every criticism of a government or community amount to this offence?
No. Liability requires proof of the specific statutory elements and must be assessed consistently with constitutional protections for expression and applicable judicial decisions.
Official law and government references
- India Code: Bharatiya Nyaya Sanhita, 2023 - see Section 197.
- National Crime Records Bureau: BNS provisions and IPC correspondence.
- Bureau of Police Research and Development: BNS comparison guide.
- India Code: BNSS, 2023 and First Schedule.
- e-Gazette of India - Acts, notifications and amendments.
Legal information updated October 2026. Consult authoritative statutory texts, subsequent amendments and applicable case law before relying on any provision in a particular proceeding.