Bharatiya Nyaya Sanhita: Section 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

(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.

Simplified Explanation

Section 196 of the Bharatiya Nyaya Sanhita 2023 addresses the promotion of enmity between different groups on the basis of religion, race, language, or other factors, and also criminalizes actions that disturb public harmony and tranquillity. The section focuses on activities that incite hatred, violence, or insecurity among various communities.

Key Provisions

1. Promoting Enmity or Disharmony (Subsection 1):
   • Promotion of disharmony or enmity:
     • If a person uses words (spoken or written), signs, visible representations, or electronic communication, or any other medium to promote, or attempt to promote, feelings of enmity, hatred, or ill-will between different religious, racial, language, regional, caste, or community groups, they commit an offence.
   • Acts prejudicial to harmony:
     • If a person commits any act that is harmful to the maintenance of harmony between different groups and disrupts or is likely to disrupt public tranquillity, they are punishable.
   • Organizing or participating in violent activities:
     • If a person organizes or participates in any exercise, movement, drill, or similar activity that intends to train people to use criminal force or violence against any group (religious, racial, language, regional, caste, or community), and the activity causes or is likely to cause fear, alarm, or insecurity in that group, they are guilty of an offence.
   • Punishment:
     • The offender shall be punished with imprisonment for a term that may extend to three years, or with a fine, or with both.
2. Offences Committed in Places of Worship (Subsection 2):
   • If the offence specified in Subsection 1 is committed in a place of worship or during religious ceremonies, the punishment is more severe.
   • Punishment:
     • The offender shall be punished with imprisonment for a term that may extend to five years and may also be liable to a fine.

Explanation and Key Concepts

1. Disharmony or Enmity: This refers to actions that divide communities based on differences such as religion, race, caste, language, etc., with the intention to incite hatred, violence, or ill-will.
2. Public Tranquillity: The term refers to the peace and order in society. Any act that disrupts this peace, such as by inciting violence or hatred, can disturb the public tranquillity and lead to legal consequences.
3. Places of Worship: The section specifically mentions places of worship and religious ceremonies, which are considered particularly sensitive. Acts of promoting disharmony or violence in such settings can escalate tensions and have broader social repercussions.
4. Criminal Force or Violence: The section criminalizes any attempt to organize or engage in activities that involve using or training people to use criminal force or violence. This is designed to prevent the preparation or execution of acts that threaten social harmony.

Punishments and Penalties

1. General Punishment (Subsection 1):
   • If a person promotes disharmony, commits prejudicial acts, or participates in violent activities intending to disturb public harmony, the punishment can include:
     • Imprisonment for a term up to three years,
     • A fine, or
     • Both imprisonment and fine.
2. Offence in Places of Worship (Subsection 2):
   • If the offence occurs in a place of worship or during a religious ceremony, the punishment is more severe:
     • Imprisonment for a term that may extend to five years,
     • A fine, or
     • Both imprisonment and fine.

Purpose and Rationale

• Maintaining Social Harmony: The primary goal of this section is to prevent actions that could incite violence or hatred between different communities. It aims to preserve social peace and harmony.
• Protection of Sensitive Spaces: The law treats places of worship and religious ceremonies as sensitive spaces, recognizing that acts of disharmony or violence in these contexts can have far-reaching consequences on the social fabric of the community.
• Prevention of Violence: By penalizing individuals who organize or engage in activities intended to train people to use force or violence, this section aims to prevent escalating tensions that could lead to communal or regional violence.

Conclusion

Section 196 of the Bharatiya Nyaya Sanhita 2023 criminalizes the promotion of enmity between different groups based on religion, race, language, and other factors. It seeks to prevent public disturbances and violence by penalizing acts that threaten social harmony, with particularly severe punishments for offences committed in places of worship or during religious ceremonies. This law reinforces the importance of maintaining peace and respect among diverse communities.