Section 197 BNS: Imputations, Assertions Prejudicial To National Integration

Table of Contents

Section 197 BNS | BNS 197

197(1) BNS

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

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
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
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
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.

197(2) BNS

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.

READ OTHER SECTIONS OF CHAPTER XI — OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

Section No.	Section Title
189	Unlawful assembly.
190	Every member of unlawful assembly guilty of offence committed in prosecution of common object.
191	Rioting.
192	Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed.
193	Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place.
194	Affray.
195	Assaulting or obstructing public servant when suppressing riot, etc.
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.
197	Imputations, assertions prejudicial to national integration.

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FAQs of BNS Section 197

197 BNS punishment and fine

Punishment and fine under Section 197 of the BNS—

197(1): Imprisonment for 3 years, or fine, or both.
197(2): Imprisonment for 5 years, or fine.
197 BNS cognizable or not

The offence under all sub-sections of Section 197 of the BNS is cognizable.
197 BNS bailable or not

The offence under all sub-sections of Section 197 of the BNS is non-bailable.
197 BNS trial court

Offence specified in all sub-sections of Section 197 of the BNS is triable by the Magistrate of the first class.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).