Bharatiya Nyaya Sanhita: 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.

Simplified Explanation

Section 197 of the Bharatiya Nyaya Sanhita 2023 focuses on imputations, assertions, or actions that undermine national integration. It criminalizes actions or speech that attempt to divide people based on their membership in any religious, racial, language, regional, caste, or community group and harm the sovereignty, unity, and integrity of India.

Key Provisions

1. Imputations, Assertions, or Publications Prejudicial to National Integration (Subsection 1):
   • A person who, by spoken or written words, signs, visible representations, electronic communication, or any other medium, does any of the following:
     • Imputes that a certain class of persons, because of their religious, racial, language, regional, caste, or community background, cannot bear true faith and allegiance to the Constitution of India or uphold India’s sovereignty and integrity.
     • Asserts or propagates that a certain class of persons should be denied or deprived of their rights as citizens of India because of their background.
     • Makes an assertion, counsel, or appeal that causes or is likely to cause disharmony, enmity, or hatred between different groups based on their membership in these categories.
     • Publishes false or misleading information that jeopardizes the sovereignty, unity, and integrity of India.
   • Punishment:
     • The person committing these offences can be punished with imprisonment for up to three years, a fine, or both.
2. Offence Committed in Places of Worship (Subsection 2):
   • If any of the offences listed in Subsection (1) are committed in a place of worship or during religious ceremonies, the punishment becomes more severe.
   • Punishment:
     • The offender can be imprisoned for up to five years and may also be liable to a fine.

Explanation and Key Concepts

1. Imputations and Assertions: The law prohibits making statements or assertions that suggest that members of a particular group, based on their religion, race, language, or other such identities, cannot truly support the Constitution or the sovereignty of India. It is aimed at preventing divisive rhetoric that seeks to undermine national unity.
2. Disharmony and Hatred: This section criminalizes any statement or action that can cause or is likely to cause disharmony or enmity between different groups of people. This includes not just direct calls to violence, but any act that undermines the unity and integrity of the nation.
3. False or Misleading Information: The section also criminalizes the publication of false information that threatens the sovereignty, unity, or integrity of India. This provision is crucial for ensuring that individuals or groups do not spread propaganda that can destabilize the nation.
4. Places of Worship and Religious Ceremonies: The law recognizes that religious spaces are particularly sensitive, and any attempts to disrupt unity within such spaces can have a wider impact on society. Therefore, the penalty for committing the offences within these spaces is higher.

Punishments and Penalties

1. General Punishment (Subsection 1):
   • Individuals who engage in any of the activities described in Subsection (1) shall be punished with:
     • Imprisonment for up to three years,
     • A fine, or
     • Both imprisonment and fine.
2. Offences in Places of Worship (Subsection 2):
   • If the offence occurs in a place of worship or during religious ceremonies, the punishment is enhanced to:
     • Imprisonment for up to five years,
     • A fine, or
     • Both imprisonment and fine.

Purpose and Rationale

• Preserving National Unity: The central aim of this section is to prevent actions or speech that might encourage division within the country. It seeks to ensure that all citizens, regardless of their background, are treated equally and can bear allegiance to the Constitution and the nation’s sovereignty.
• Preventing Divisive Speech: By penalizing those who attempt to promote division or hostility between different groups, the law aims to curb any rhetoric that could lead to communal violence or civil unrest.
• Protection of Religious Spaces: The heightened punishment for offences in places of worship or religious ceremonies reflects the sensitive nature of these places and the potential for significant social impact when divisive or hateful speech occurs within such contexts.

Conclusion

Section 197 of the Bharatiya Nyaya Sanhita 2023 seeks to protect the unity and integrity of India by prohibiting divisive speech or actions that harm national integration. It criminalizes any speech or conduct that promotes enmity, hatred, or disloyalty based on religious, racial, language, regional, caste, or community differences, with particularly severe penalties for offences committed in places of worship or religious settings. This section aims to maintain national cohesion and prevent actions that could undermine the fabric of Indian society.