Bharatiya Nyaya Sanhita, 2023
Section 196
Promoting enmity between different groups on grounds of religion, race, place of birth,
, and doing acts prejudicial to maintenance of harmony.—(1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or through electronic communication or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity; or
(c) organises any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, 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 continues the legacy of Section 153A of the Indian Penal Code, introduced during colonial times and strengthened after Partition-era violence, to prevent speech and actions that incite communal or group-based hatred. India's diversity in religion, language, caste, and region makes such provisions important for maintaining public order and preventing riots or violence fueled by group hostility. The updated Bharatiya Nyaya Sanhita version modernizes the law to include electronic communication, reflecting the rise of social media as a tool for spreading hate speech.
How courts read it
Under the predecessor provision (IPC Section 153A), courts required that the words or acts have a clear tendency to promote enmity between groups, not merely cause offense to an individual or criticize a religion or practice academically. The Supreme Court has held that intention and the likely effect on public order must be considered, and that isolated inflammatory statements without a demonstrable link to group hostility may not attract this provision. Courts have also distinguished between genuine historical or academic discourse and deliberate hate speech, protecting free expression under Article 19(1)(a) while allowing prosecution where the content is calculated to incite hatred.
Common misconceptions
- Myth: Criticizing a religion or its practices is always illegal under this law.
Fact: Courts have clarified that genuine academic, historical, or critical discussion is different from deliberately inciting hatred; only speech intended or likely to provoke enmity between groups is punishable. - Myth: This law only applies to religious hate speech.
Fact: It also covers hostility based on race, place of birth, residence, language, caste, or community — not just religion. - Myth: You need to actually cause violence for this law to apply.
Fact: The law can apply even if violence doesn't occur, as long as the act is likely to disturb public tranquility or cause fear among a group.