India is a diverse nation, home to countless communities, languages and religions . However, this diversity also requires legal safeguards to prevent hate speech and actions that can incite violence. Recognizing this, the Bharatiya Nyaya Sanhita (BNS) 2023 introduced Section 196 BNS to penalize those who promote enmity between different groups on the basis of religion, caste, race, language, or region.

This law aims to protect public harmony and maintain peace in a multicultural society. With the increasing use of social media and electronic platforms messages that incite hatred can now spread faster than ever . Hence, it is crucial that the law adapts to modern times and holds individuals accountable.

Section 196 BNS criminalizes not just hate speech but also actions that disturb public tranquility, especially in religious places. It ensures that unity remains the foundation of India’s identity while protecting free expression in a balanced way. Explore other important Judiciary Notes.

Section 196 BNS

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Section 196 BNS of the Bharatiya Nyaya Sanhita (BNS) 2023 criminalizes promoting hatred or enmity between different communities. This includes acts through speech, writing, signs, or electronic forms such as social media.

If someone uses hateful words or symbols to incite hatred between religious, linguistic, regional, or caste-based groups, they can be punished under this section. The law also targets indirect actions that may disturb public peace—such as threats, provocative speeches, or hate rallies.

Moreover, BNS 196(1)(b) and Section 196 2 BNS highlight that such actions when done inside religious places or during religious ceremonies, attract stricter punishment—up to five years of imprisonment . These clauses ensure that the sanctity of places of worship remains intact.

An important clarification is that Section 196 BNS does not punish individuals for expressing personal opinions or mere criticism. So, free speech is still protected—provided it does not provoke violence or disturb communal peace.

Thus, Section 196 BNS act strikes a balance between public order and the right to expression. It recognizes the dangers of hate speech especially in today’s digital era and introduces suitable punishments to deter such behavior .

Section 196 BNS Essential Elements

For any act to be punishable under Section 196 BNS, the following elements must be present:

• Promotion of Enmity: The act must attempt to create hatred or disharmony between groups based on religion, language, region, race, or caste.
• Medium of Communication: The act must be committed through spoken words, writings, signs, symbols, or modern electronic communication tools such as social media platforms.
• Intent and Likelihood to Disturb Peace: The action should be such that it causes or is likely to cause a disturbance in public peace or communal harmony.
• Special Circumstances: If the act occurs in a place of worship or during religious ceremonies (Section 196 2 BNS), it leads to more severe punishment.

These conditions make BNS 2023 section 196 a comprehensive and well-targeted law that adapts to today’s technological and cultural realities .

The nature of Section 196 BNS is both preventive and corrective . It aims to protect India’s social fabric from any attempt to stir division . While the law provides clear boundaries it is also crafted to avoid misuse .

The scope of this section includes verbal speeches, writings, memes, social media posts, rallies, and even training camps that incite violence. It also addresses situations where such hate is spread indirectly or through visual representations.

Furthermore, BNS 196 1 b ensures that even symbolic actions like offensive gestures, flags, or group slogans fall under this provision if they encourage communal hatred.

Section 196 BNS bailable or non bailable is an important aspect—this offense is non-bailable, showing the law’s seriousness. It is also cognizable, meaning the police can act without prior approval of a magistrate.

Hence, Section 196 and 197 of BNS together form a strong legal framework to uphold public order.

Comparison with IPC 

Before BNS, similar conduct was covered under section 153A of  Indian Penal Code (IPC). The transition to Section 196 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 196 BNS Judicial Interpretation

Indian courts have frequently addressed hate speech and communal disharmony under laws similar to Section 196 BNS. They maintain that freedom of expression must be weighed against public order.

In several judgments, the courts clarified that unless an act leads to actual or likely disturbance, it may not attract criminal penalty. However, courts have also ruled firmly when speeches, posts, or slogans provoked tension or fear among groups.

They emphasized that BNS 196 1 b includes digital actions—meaning even WhatsApp forwards or tweets that spread hate are liable under this law.

Courts have also supported the idea that Section 196 BNS act must protect against religious misuse—hence the stricter clause in Section 196 2 BNS.

At the same time, the judiciary made it clear that criticism of policies, governments, or ideologies—without inciting violence—remains lawful. This ensures democratic dialogue remains protected under Indian law.

Section 196 BNS Landmark Cases

The landmark cases relating to section 65 of Bharatiya Nyaya Sanhita,2023 are explained as under, they are -

• Anurag Kashyap FIR Case (2025): A Raipur court ordered an FIR against the filmmaker under Section 196 BNS for derogatory online comments perceived to incite religious hatred. This affirmed the non-bailable and cognizable nature of the offense.
• Manzar Sayeed Khan v. State of Maharashtra (2007): The Bombay High Court protected the rights of a publisher wrongly accused under IPC Section 153A. It clarified the need to prove "intent to promote enmity," which now influences how BNS 196 1 b is interpreted.
• Balwant Singh v. State of Punjab (1995): The Supreme Court ruled that mere slogans, if not supported by violence, don’t always amount to promoting enmity—helping shape the limits of Section 196 BNS.
• Pravasi Bhalai Sangathan v. Union of India (2014): The apex court urged stronger laws against hate speech, leading to more structured laws like BNS 2023 section 196.
• Ramesh v. Union of India (1988) : The court upheld a ban on TV programs inciting communal disharmony laying early groundwork for future provisions like Section 196 1 B of BNS.

Section 196 BNS Impact

The introduction of Section 196 BNS marks a modern approach to handling hate speech and protecting India’s unity. It responds to the digital age where dangerous messages can reach thousands instantly.

By addressing religious, linguistic, and caste-based hate in both physical and virtual spaces, the law has made individuals and organizations more accountable. Platforms are now under pressure to monitor inflammatory content.

The section also assures the public that law enforcement has the tools to act swiftly against threats to peace. At the same time, it clarifies that personal opinions or debates are not criminal, ensuring free speech remains unharmed.

Moreover, clauses like Section 196 1 BNS and Section 196 2 BNS ensure that specific high-risk areas—like places of worship—are given extra protection.

Overall, Section 196 BNS reflects India’s legal readiness to tackle the complex challenge of maintaining harmony in a diverse society.

Conclusion

Section 196 BNS is a significant part of the Bharatiya Nyaya Sanhita, aimed at safeguarding India’s unity. It covers speech, actions, and digital content that can provoke hate or division among communities.

By imposing stricter penalties for such actions, especially in religious places (Section 196 2 BNS), it sends a clear message: there is zero tolerance for any attempt to disrupt social peace.

This section doesn’t restrict free speech; it restricts hate. It ensures that mere criticism or fair political opinion does not attract punishment. Only those intending to harm communal harmony face legal action.

Whether it is Section 196 BNS bailable or non bailable (non-bailable), or its trial procedure (by Magistrate First Class), the law is clear and efficient. Along with Section 196 1 B of BNS, it ensures thorough coverage of modern threats.

In short, Section 196 BNS is both a shield for the peaceful and a sword against the hateful.