सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 197

Imputations, assertions prejudicial to national integration

(1) Whoever, by words either spoken or written or by signs or by visible representations or through electronic communication or otherwise,—

(a) 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 as by law established or uphold the sovereignty and integrity of India; or

(b) 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; or

(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons; or

(d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India, 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.

Why this exists

This provision descends from Section 153B of the old Indian Penal Code, introduced in 1972 after the India-Pakistan war raised concerns about propaganda questioning the loyalty of certain communities to the Indian state. Lawmakers wanted to prevent speech that brands entire religious, caste, or regional groups as disloyal or that seeks to strip them of citizenship rights, since such rhetoric can fracture social harmony and national unity. The new clause on 'false or misleading information' endangering sovereignty and security reflects contemporary concerns about disinformation, especially through electronic and social media.

How courts read it

Courts interpreting the predecessor provision, Section 153B IPC, have generally required that the imputation or assertion be clearly directed at a group's loyalty, rights, or is likely to cause real disharmony—mere criticism, satire, or academic discussion without such intent or likely effect has not typically attracted the provision. Courts have also emphasized examining the actual words and context, and the requirement of a live tendency to cause enmity or hatred, rather than remote or fanciful possibilities.

Common misconceptions
  • Myth: This law bans any criticism of a religion, caste, or community.
    Fact: It targets specific claims that a group is disloyal to India, deserves fewer rights, or fuels hatred—not general criticism or debate.
  • Myth: You can only be punished for spoken or written words.
    Fact: The law also covers signs, images, and electronic communication like social media posts.
  • Myth: The punishment is the same no matter where the act happens.
    Fact: If the offence occurs in a place of worship or during a religious ceremony, the punishment is higher (up to five years plus mandatory fine).