Practice paper — BNS Chapter XI — Of Offences Against The Public Tranquillity
45 questions · answer key at the end · no time limit
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1.Under Section 189(1) BNS, what is the minimum number of persons required to constitute an 'unlawful assembly'?
- (A) Two
- (B) Seven
- (C) Ten
- (D) Five
2.Which of the following is NOT one of the common objects that renders an assembly 'unlawful' under Section 189(1) BNS?
- (A) To resist the execution of any law or of any legal process
- (B) To peacefully assemble to petition a public servant for redress of grievances
- (C) To overawe by criminal force, or show of criminal force, the Central Government or any State Government
- (D) By means of criminal force, or show of criminal force, to enforce any right or supposed right
3.A group of five persons gathers lawfully for a meeting, but midway they resolve to use criminal force to take possession of a neighbour's property. Under Section 189 BNS:
- (A) The assembly remains lawful because it was lawful when it assembled
- (B) Only the person who proposed the plan is liable
- (C) The assembly may subsequently become an unlawful assembly, as the Explanation to sub-section (1) expressly provides
- (D) The assembly is unlawful only if it exceeds ten persons
4.Under Section 189(4) BNS, a member of an unlawful assembly who is armed with a deadly weapon, or with anything which used as a weapon of offence is likely to cause death, shall be punished with:
- (A) Imprisonment of either description up to two years, or fine, or both
- (B) Imprisonment up to six months only
- (C) Imprisonment up to seven years and fine
- (D) Imprisonment for life
5.An assembly of five or more persons likely to cause a disturbance of the public peace is lawfully commanded to disperse, but X knowingly continues in it. If the assembly is also an 'unlawful assembly' within the meaning of Section 189(1) BNS, under which provision is X punishable?
- (A) Under Section 189(5), with imprisonment up to six months
- (B) Under Section 189(3), with imprisonment up to two years, or fine, or both, as the Explanation to sub-section (5) directs
- (C) Under Section 189(4), because continuing after a dispersal order is treated as being armed
- (D) Under both sub-sections (3) and (5) cumulatively
6.Under Section 190 of the Bharatiya Nyaya Sanhita, which of the following must have occurred for the provision to apply?
- (A) An offence committed by any member of an unlawful assembly
- (B) An offence committed only by the leader of the assembly
- (C) An offence committed by any person outside the assembly
- (D) At least two members committing an offence together
7.Who does Section 190 declare guilty when an offence is committed in prosecution of the common object of an unlawful assembly?
- (A) Only the member who actually committed the offence
- (B) Every person who, at the time of the committing of that offence, is a member of the same assembly
- (C) Only members who planned the offence beforehand
- (D) Only those who actively participated in carrying out the offence
8.If an offence committed by a member is neither in prosecution of the assembly's common object nor such as the members knew to be likely, what does Section 190 imply about the guilt of other members who were present at the time?
- (A) All other members are guilty regardless
- (B) Only those who aided are guilty
- (C) Other members are not made guilty under this section
- (D) All members are automatically punished even if offence unrelated
9.An offence committed by a member is not literally the assembly's declared common object, but it was an act that the members knew was likely to be committed in prosecution of that object. Under Section 190, who is liable?
- (A) Only the actual offender
- (B) Only members who expressly approved the offence
- (C) No member is liable as it is not the exact common object
- (D) Every person who was a member at the time of the offence is guilty
10.A person joins the unlawful assembly immediately after an offence has been committed by a member. Under Section 190, is that late-joiner guilty for the offence committed earlier?
- (A) No; the provision requires the person to be a member at the time of committing that offence
- (B) Yes; any member of the assembly is guilty irrespective of time of joining
- (C) Yes; but only if they later participated in a similar offence
- (D) No; unless they had prior knowledge of the offence
11.Under Section 191, when is the offence of rioting committed?
- (A) When force or violence is used by any individual regardless of association
- (B) When force or violence is used by an unlawful assembly or by any member thereof in prosecution of the common object of such assembly
- (C) Whenever more than five persons gather together
- (D) When police use force to disperse a crowd
12.What is the punishment for rioting under Section 191(2)?
- (A) Imprisonment which may extend to one year, or fine, or both
- (B) Imprisonment which may extend to three years, or fine, or both
- (C) Imprisonment of either description for a term which may extend to two years, or with fine, or with both
- (D) Imprisonment which may extend to five years, or fine, or both
13.If some members of an unlawful assembly use force in prosecution of the assembly's common object but other members did not personally use force, who is guilty of rioting under Section 191(1)?
- (A) Every member of such assembly is guilty of the offence of rioting
- (B) Only those members who personally used force are guilty
- (C) Only those who planned the use of force are guilty
- (D) Only the member who used a weapon is guilty
14.Under Section 191(3), which statement about the elevated punishment is correct?
- (A) The weapon must actually be used to cause death for the higher sentence to apply
- (B) Only if death results does the punishment extend to five years
- (C) The higher punishment applies only when multiple members are armed with deadly weapons
- (D) Being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death suffices to attract punishment up to five years
15.If force used by a member of an unlawful assembly is unrelated to the assembly's common object, what does Section 191 provide about guilt for rioting?
- (A) Section 191 makes every member guilty in any event
- (B) Only the individual who used force is guilty under Section 191
- (C) Section 191 does not make members guilty of rioting because the force must be in prosecution of the common object
- (D) Section 191 automatically upgrades the offence to armed rioting
16.Under Section 192 (Bharatiya Nyaya Sanhita, 2023), which mental state is required for the person who gives provocation?
- (A) Malignantly, or wantonly, by doing anything illegal, with intent or knowledge that such provocation is likely to cause rioting
- (B) Mere negligence in causing provocation without any knowledge of likely rioting
- (C) Accidental conduct that unintentionally provokes a crowd
- (D) Only premeditated malice (malice aforethought) to cause grievous harm
17.What is the maximum imprisonment prescribed by Section 192 if rioting is committed in consequence of the provocation?
- (A) Six months
- (B) One year
- (C) Two years
- (D) Three years
18.Must the act giving provocation be illegal for liability under Section 192?
- (A) No — lawful acts that provoke may also attract liability under this section
- (B) Only if accompanied by physical violence
- (C) Yes — the provision requires doing anything which is illegal to give provocation
- (D) Only if the provocation causes bodily harm
19.Does Section 192 require the provocation to be given both 'malignantly' and 'wantonly' for liability to arise?
- (A) Yes — both descriptors must be present together
- (B) No — either malignantly or wantonly suffices
- (C) Neither is required; any provocation suffices
- (D) Only 'malignantly' is sufficient, not 'wantonly'
20.Which statement correctly states when the higher punishment (up to one year) under Section 192 applies?
- (A) It applies whenever rioting occurs after any provocation, regardless of causal connection
- (B) It applies only if the provoker personally participates in the rioting
- (C) It applies when rioting is not committed as a result of the provocation
- (D) It applies when the offence of rioting is committed in consequence of such provocation
21.What is the maximum fine prescribed under Section 193 for the liabilities described in subsection (1)?
- (A) Fine not exceeding one thousand rupees
- (B) Fine not exceeding five thousand rupees
- (C) Fine not exceeding ten thousand rupees
- (D) Imprisonment up to six months
22.Under subsection (1), who is primarily required to give the earliest notice to the officer in charge at the nearest police station when an unlawful assembly or riot takes place on land?
- (A) Any bystander witnessing the offence
- (B) The owner or occupier of the land, or any person having or claiming an interest in such land
- (C) A magistrate
- (D) Only the police constable in charge of the locality
23.Which of the following best describes when liability arises under subsection (1) for an owner/occupier or person claiming interest?
- (A) Liability arises only if the person fails to give notice, irrespective of using lawful means.
- (B) Liability arises only if the person fails to disperse a riot after it occurs.
- (C) Liability arises where the person (or his agent/manager), knowing or having reason to believe of the offence, does not give the earliest notice and does not use all lawful means as applicable to prevent or disperse the assembly or riot.
- (D) Liability arises automatically whenever an unlawful assembly occurs on the land, regardless of the person's knowledge or actions.
24.Under subsection (2), when is a person (for whose benefit a riot was committed or who has accepted a benefit) punishable?
- (A) Only if he personally had direct knowledge of the riot while it occurred
- (B) Only if the magistrate finds him guilty irrespective of his or his agent's belief
- (C) Only if his agent or manager personally instigated the riot
- (D) If he or his agent or manager, having reason to believe the riot or unlawful assembly was likely, did not use all lawful means in their power to prevent or to suppress and disperse it
25.A riot was committed for the benefit of X. X himself had no reason to believe the riot was likely, but X's agent did have reason to believe and failed to use lawful means to prevent it. Under the provision, who may be punishable?
- (A) Both X (the person for whose benefit) and the agent
- (B) Only the agent
- (C) Only X (the person for whose benefit)
- (D) Neither, since X personally had no reason to believe
26.According to Section 194(1) of the Bharatiya Nyaya Sanhita, 2023, which of the following best defines 'affray'?:
- (A) Fighting in a public place by two or more persons that disturbs the public peace.
- (B) Any violent act by a single person in a public place.
- (C) Verbal abuse in a public place that offends people.
- (D) An unlawful assembly of five or more people in a public place.
27.What is the minimum number of persons required to commit an affray under Section 194(1)?
- (A) One person
- (B) Two persons
- (C) Three persons
- (D) Four persons
28.If three persons fight in a public place but their actions do not disturb the public peace, have they committed an affray under Section 194(1)?
- (A) Yes, because fighting in a public place alone suffices.
- (B) Yes, but only if police intervene.
- (C) No, because disturbance of the public peace is a required element.
- (D) Only if property is damaged during the fight.
29.Under Section 194(1), does conduct consisting only of threats (no fighting) in a public place that disturbs public peace constitute an affray?
- (A) Yes, threats that disturb peace are affray.
- (B) Yes, if more than two persons issue the threats.
- (C) Only if the threats lead to physical injury.
- (D) No, because the provision requires 'fighting' as the mode of disturbance.
30.Which of the following sentences would NOT be permissible under Section 194(2) for committing an affray?
- (A) Imprisonment of two months alone.
- (B) Imprisonment of 15 days and a fine of Rs.500.
- (C) No imprisonment but a fine of Rs.1,000.
- (D) Imprisonment of one month together with a fine of Rs.1,000.
31.What is the maximum term of imprisonment for a person who assaults or uses criminal force on a public servant in the discharge of his duty while endeavouring to disperse an unlawful assembly or to suppress a riot or affray?
- (A) One year
- (B) Six months
- (C) Three years
- (D) Five years
32.According to the provision, what minimum fine is prescribed for assaulting or obstructing a public servant while they are endeavouring to disperse an unlawful assembly or suppress a riot or affray?
- (A) Not less than twenty‑five thousand rupees
- (B) Fifty thousand rupees
- (C) No minimum fine prescribed
- (D) Ten thousand rupees
33.If a person threatens to assault a public servant who is suppressing a riot, what is the maximum imprisonment provided by the provision?
- (A) Up to three years
- (B) Up to one year
- (C) Up to two years
- (D) No imprisonment, only fine
34.A person obstructs a public servant who is performing administrative duties unrelated to dispersing an unlawful assembly or suppressing a riot. Does Section 195 apply?
- (A) Yes — it applies to obstruction of any public servant irrespective of duty
- (B) Yes — but only if a threat accompanied the obstruction
- (C) No — Section 195 applies only when the public servant is endeavouring to disperse an unlawful assembly or suppress a riot or affray
- (D) Yes — it applies if the public servant later reports the obstruction
35.A person makes an attempt to strike (but does not touch) a public servant who is suppressing an affray. Under which part of Section 195 is this conduct punishable?
- (A) Sub‑section (1), as it is an assault with criminal force attracting up to three years and minimum fine
- (B) Sub‑section (2), as an attempt to use criminal force or attempt to assault attracting up to one year or fine
- (C) Not punishable under Section 195 because no physical contact was made
- (D) Only punishable if the attempt involved a verbal threat
36.Section 196(1)(a) BNS penalises promoting or attempting to promote disharmony or feelings of enmity, hatred or ill-will between different groups on which of the following grounds?
- (A) Religion, race, place of birth, residence, language, caste or community or any other ground whatsoever
- (B) Religion and caste only
- (C) Political affiliation and economic status only
- (D) Nationality and citizenship only
37.What is the punishment for the offence of promoting enmity between different groups under Section 196(1) BNS?
- (A) Imprisonment up to seven years and mandatory fine
- (B) Imprisonment for life
- (C) Imprisonment which may extend to three years, or fine, or both
- (D) Simple imprisonment up to one month or fine up to five thousand rupees
38.A delivers a speech promoting hatred between two religious communities inside a temple during a religious ceremony. Under Section 196(2) BNS, A shall be punished with:
- (A) Imprisonment up to three years, or fine, or both, the same as in any other place
- (B) Imprisonment which may extend to five years, and A shall also be liable to fine
- (C) Fine only, since the speech occurred in a religious setting
- (D) Imprisonment which may extend to ten years
39.X organises a drill in which participants are trained to use criminal force against members of a particular religious community, and the activity causes a feeling of insecurity amongst members of that community. Which clause of Section 196(1) BNS covers X's act?
- (A) Clause (a), since a drill is a visible representation
- (B) Clause (b), since a drill always disturbs public tranquillity
- (C) Section 196(2), since drills are treated as religious ceremonies
- (D) Clause (c), which penalises organising any exercise, movement, drill or similar activity involving training in criminal force or violence against a group, causing fear, alarm or insecurity
40.Which additional element must be established for an act to fall under Section 196(1)(b) BNS that is NOT required under Section 196(1)(a)?
- (A) That the act was committed through electronic communication
- (B) That the act was committed in a place of worship
- (C) That the act, besides being prejudicial to the maintenance of harmony between groups, disturbs or is likely to disturb the public tranquillity
- (D) That the accused belonged to one of the affected communities
41.Section 197(1)(a) BNS penalises making or publishing an imputation that any class of persons, by reason of their membership of a religious, racial, language or regional group or caste or community:
- (A) Should be granted special reservations in public employment
- (B) Cannot bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India
- (C) Should migrate to another State
- (D) Cannot vote in general elections
42.What punishment does Section 197(1) BNS prescribe for making imputations or assertions prejudicial to national integration?
- (A) Imprisonment up to seven years and fine
- (B) Imprisonment for life and fine
- (C) Fine only
- (D) Imprisonment which may extend to three years, or fine, or both
43.X publishes information on social media which he knows to be false and which jeopardises the sovereignty, unity and integrity or security of India. Which clause of Section 197(1) BNS covers this act?
- (A) Clause (d), which penalises making or publishing false or misleading information jeopardising the sovereignty, unity and integrity or security of India
- (B) Clause (a), which deals with imputations about allegiance to the Constitution
- (C) Clause (b), which deals with denial of citizens' rights
- (D) No clause, since online publication is outside the section
44.If an offence under Section 197(1) BNS is committed inside a place of worship or in an assembly engaged in religious worship or ceremonies, the offender shall be punished with:
- (A) The same punishment as under sub-section (1), since the venue is irrelevant
- (B) Imprisonment up to ten years
- (C) Imprisonment which may extend to five years, and shall also be liable to fine
- (D) Community service and fine
45.Which clause of Section 197(1) BNS requires proof of a consequence, namely that the statement causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between the members of the class concerned and other persons?
- (A) Clause (a), relating to imputations about allegiance to the Constitution
- (B) Clause (c), relating to assertions, counsels, pleas or appeals concerning the obligation of any class of persons
- (C) Clause (b), relating to assertions that a class shall be denied rights as citizens
- (D) All four clauses require this consequence
Answer key
Explanations
- 1. (D) Section 189(1) BNS designates an assembly of five or more persons as an unlawful assembly if the common object of the persons composing it falls within any of the five clauses (a) to (e). Fewer than five persons cannot form an unlawful assembly under the section.
- 2. (B) Clauses (a) to (e) of Section 189(1) BNS list the five common objects, which include overawing the Government by criminal force, resisting execution of law, committing mischief or criminal trespass, forcibly taking property or depriving rights, and compelling persons by criminal force. A peaceful petition to a public servant involves no criminal force or unlawful object and is not among them.
- 3. (C) The Explanation to Section 189(1) BNS states that an assembly which was not unlawful when it assembled may subsequently become an unlawful assembly. Once the common object becomes one described in clauses (a) to (e), such as taking property by criminal force under clause (d), the assembly becomes unlawful.
- 4. (A) Section 189(4) BNS prescribes imprisonment of either description for a term which may extend to two years, or fine, or both, for an armed member of an unlawful assembly. This is higher than the six-month term for mere membership under Section 189(2).
- 5. (B) Section 189(5) BNS punishes continuing in an assembly of five or more persons likely to disturb the public peace after a lawful command to disperse with up to six months' imprisonment. However, the Explanation to sub-section (5) provides that if the assembly is an unlawful assembly within the meaning of sub-section (1), the offender shall be punishable under sub-section (3), which prescribes imprisonment up to two years, or fine, or both.
- 6. (A) The provision begins "If an offence is committed by any member of an unlawful assembly...", so the trigger is an offence committed by any member of the unlawful assembly. It does not restrict the trigger to leaders or outsiders.
- 7. (B) The provision states that "every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence." Thus guilt attaches to every member who was part of the assembly at the time, not only the actual offender.
- 8. (C) The provision applies where the offence is "in prosecution of the common object" or "such as the members... knew to be likely." If the offence meets neither description, Section 190 does not by its terms make other members guilty.
- 9. (D) The provision covers offences "such as the members of that assembly knew to be likely to be committed in prosecution of that object." Therefore if members knew the type of offence was likely, every person who was a member at the time is made guilty under this section.
- 10. (A) The provision makes guilty "every person who, at the time of the committing of that offence, is a member of the same assembly." A person who joins after the offence was committed was not a member at that time and therefore is not made guilty under this section.
- 11. (B) Section 191(1) states that rioting occurs "whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly," making option B correct.
- 12. (C) Section 191(2) prescribes punishment of "imprisonment of either description for a term which may extend to two years, or with fine, or with both," so option C matches the text.
- 13. (A) Section 191(1) explicitly provides that "every member of such assembly is guilty of the offence of rioting" whenever force or violence is used by the assembly or any member in prosecution of the common object, so all members are liable.
- 14. (D) Section 191(3) states that "Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished...for a term which may extend to five years," indicating that being armed is the condition for the enhanced sentence.
- 15. (C) Section 191(1) requires that force or violence be used "in prosecution of the common object of such assembly"; if the force is unrelated to that common object, the statutory condition for rioting under this provision is not satisfied, so option C is correct.
- 16. (A) The provision states ‘Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation ... intending or knowing it to be likely that such provocation will cause the offence of rioting’. This shows liability requires malicious or wanton illegal conduct with intention or knowledge of the likelihood of rioting.
- 17. (B) The provision prescribes that if the offence of rioting be committed in consequence of such provocation, the offender shall be punished with imprisonment which may extend to one year. Thus the maximum sentence in that circumstance is one year.
- 18. (C) Section 192 begins with ‘by doing anything which is illegal’ when describing the act that gives provocation. Therefore the provocation must arise from an illegal act for liability under this provision.
- 19. (B) The text uses the phrase ‘malignantly, or wantonly’, indicating alternative grounds. Thus liability can arise if the provocation is given either malignantly or wantonly, not necessarily both together.
- 20. (D) The provision specifies ‘if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment ... which may extend to one year’. Therefore the higher punishment applies only where rioting is a consequence of that provocation.
- 21. (A) Subsection (1) states that the owner, occupier or person having or claiming an interest shall be punishable with fine not exceeding one thousand rupees. The provision specifies a monetary penalty and does not provide imprisonment in this clause.
- 22. (B) Subsection (1) expressly requires the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, to give the earliest notice to the officer in charge at the nearest police station.
- 23. (C) Subsection (1) links liability to the person's knowledge or having reason to believe and to failures: not giving the earliest notice and, where appropriate, not using all lawful means to prevent, disperse or suppress the assembly or riot. It is not automatic and involves these specified failures.
- 24. (D) Subsection (2) provides that such a person shall be punishable if he or his agent or manager, having reason to believe the riot or unlawful assembly was likely, do not use all lawful means to prevent it or to suppress and disperse it. The liability attaches based on reason to believe and failure to act.
- 25. (A) Subsection (2) makes the person punishable if he or his agent or manager, having reason to believe, do not use lawful means; subsection (3) separately makes the agent or manager punishable if the agent, having reason to believe, did not use lawful means. Thus both the person and the agent can be punishable where the agent had reason to believe and failed to act.
- 26. (A) Section 194(1) states that when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. The correct option matches the three elements: two or more persons, fighting, and disturbance of public peace.
- 27. (B) Section 194(1) begins by stating 'When two or more persons... they are said to commit an affray,' so the minimum number required is two persons.
- 28. (C) Section 194(1) requires not only fighting by two or more persons in a public place but also that they 'disturb the public peace.' If the public peace is not disturbed, the definition in (1) is not satisfied.
- 29. (D) Section 194(1) defines affray specifically as occurring 'by fighting in a public place' and thus requires fighting. Mere threats, even if they disturb public peace, do not meet the provision's stated element of 'fighting.'
- 30. (A) Section 194(2) provides punishment as imprisonment for a term which may extend to one month, or fine up to one thousand rupees, or both. An imprisonment of two months exceeds the statutory maximum of one month and therefore is not permissible under this provision.
- 31. (C) Section 195(1) states that whoever assaults or uses criminal force on a public servant in that situation shall be punished with imprisonment of either description for a term which may extend to three years. The maximum term given in sub‑section (1) is therefore three years.
- 32. (A) Section 195(1) specifies punishment with imprisonment for up to three years, or with fine which shall not be less than twenty‑five thousand rupees, or with both. Thus a minimum fine of not less than twenty‑five thousand rupees is prescribed in sub‑section (1).
- 33. (B) Section 195(2) states that whoever threatens to assault (or attempts to obstruct, or threatens/attempts to use criminal force) any public servant in that situation shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. The maximum imprisonment under sub‑section (2) is therefore one year.
- 34. (C) Both sub‑sections (1) and (2) qualify the conduct by reference to a public servant "in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray." The provision therefore applies only where the public servant is acting to disperse an unlawful assembly or to suppress a riot or affray, so it does not cover obstruction in unrelated duties.
- 35. (B) Section 195(2) covers persons who "threaten to assault or ... threaten or attempt to use criminal force" or "attempts to obstruct" while the public servant is endeavouring to disperse an unlawful assembly or suppress a riot. An attempted strike (without completing the assault) falls within the "attempts ... to use criminal force" language of sub‑section (2), which carries a punishment of up to one year or fine.
- 36. (A) Section 196(1)(a) BNS lists religion, race, place of birth, residence, language, caste or community 'or any other ground whatsoever' as the grounds on which promoting disharmony or enmity between religious, racial, language or regional groups or castes or communities is punishable. The residuary phrase makes the enumeration illustrative rather than exhaustive.
- 37. (C) Section 196(1) BNS prescribes imprisonment which may extend to three years, or fine, or both. The enhanced punishment of five years with liability to fine applies only when the offence is committed in a place of worship or a religious assembly under Section 196(2).
- 38. (B) Section 196(2) BNS provides an aggravated punishment where the offence under sub-section (1) is committed in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies: imprisonment which may extend to five years, with liability to fine as well. The location of the offence thus enhances the maximum term from three to five years.
- 39. (D) Section 196(1)(c) BNS specifically penalises organising or participating in any exercise, movement, drill or similar activity with the intention or knowledge that participants will use or be trained to use criminal force or violence against a religious, racial, language or regional group, caste or community, where the activity causes or is likely to cause fear, alarm or a feeling of insecurity amongst members of that group. X's conduct fits this clause squarely.
- 40. (C) Clause (b) of Section 196(1) BNS requires that the act be prejudicial to the maintenance of harmony between different groups 'and which disturbs or is likely to disturb the public tranquillity'. Clause (a), which deals with promoting disharmony or enmity by words, signs, visible representations or electronic communication, contains no such public tranquillity requirement.
- 41. (B) Section 197(1)(a) BNS targets imputations that any class of persons cannot, by reason of their being members of a 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. Such imputations are prejudicial to national integration and are punishable under the section.
- 42. (D) Section 197(1) BNS punishes the offence with imprisonment which may extend to three years, or with fine, or with both. Under Section 197(2), the maximum rises to five years with liability to fine where the offence is committed in a place of worship or a religious assembly.
- 43. (A) Section 197(1)(d) BNS specifically penalises making or publishing false or misleading information jeopardising the sovereignty, unity and integrity or security of India. The opening words of Section 197(1) expressly cover words spoken or written, signs, visible representations 'or through electronic communication or otherwise', so online publication is included.
- 44. (C) Section 197(2) BNS provides an aggravated punishment of imprisonment which may extend to five years, together with liability to fine, where the offence under sub-section (1) is committed in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies. The venue therefore enhances the maximum punishment from three to five years.
- 45. (B) Only clause (c) of Section 197(1) BNS contains the requirement that the assertion, counsel, plea or appeal concerning the obligation of a class of persons 'causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will' between such members and other persons. Clauses (a) and (b) penalise the imputation or assertion itself without any such result element, while clause (d) turns on the falsity of information jeopardising sovereignty or security.