Posts That Promote Enmity Between Groups: Section 196 BNS vs Section 153A IPC

Content that promotes disharmony or enmity between religious, racial, caste, language or regional groups in India is punished under Section 196 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaces Section 153A of the Indian Penal Code at the same three-to-five-year punishment band, now with "electronic communication" named as a means, and prosecution still needs government sanction under Section 217 BNSS.

The situation

A person writes, forwards or posts content — a message, an image, a video, or a public statement — that promotes disharmony, hatred, ill-will or enmity between groups defined by religion, race, place of birth, residence, language, caste or community, or that makes an imputation questioning a group's loyalty to the Constitution or a group's right to citizenship. Whether this attracts a criminal charge, which section applies, and whether the police can even start a prosecution without outside permission, are governed entirely by the text of Sections 196 and 197 BNS and the sanction requirement in Section 217 BNSS.

Old law vs new law at a glance

What the law requires now, step by step

Step 1 — Identify which limb of Section 196(1) BNS is engaged

Section 196(1) BNS states:

"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... 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... 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... shall use or be trained to use criminal force or violence... against any religious, racial, language or regional group or caste or community..."

Clause (a) is the one most directly engaged by online content; clauses (b) and (c) address acts and organised training activity respectively. Section 153A(1) IPC used near-identical wording for all three limbs; the difference on the face of the text is that clause (a) now names "electronic communication" as a means, where the IPC text relied on the residual phrase "or otherwise."

Step 2 — Check whether the conduct happened at a place of worship

Section 196(2) BNS raises the punishment where the offence under sub-section (1) is committed "in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies," to imprisonment up to five years and a mandatory fine. Section 153A(2) IPC carried the identical enhancement, in identical words.

Step 3 — If the conduct is closer to an imputation about loyalty or citizenship rights, look to Section 197 BNS instead

Section 197(1) BNS states:

"(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... 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... and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will..."

This mirrors Section 153B(1)(a)-(c) IPC clause for clause; the opening words of Section 197(1) BNS, like Section 196(1)(a), add "or through electronic communication" to the means ("by words either spoken or written or by signs or by visible representations or through electronic communication or otherwise"), which Section 153B(1) IPC did not name. Section 197(1) BNS also carries a fourth limb, clause (d), covering publication of false or misleading information jeopardising India's sovereignty, unity, integrity or security — a distinct new provision addressed in this series' companion guide on false statements and fake news (see Related on Veritect).

Step 4 — Confirm that government sanction has been obtained before a court can take cognizance

Section 217(1) BNSS states that no court shall take cognizance of:

"(a) any offence punishable under Chapter VII or under section 196, section 299 or sub-section (1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence... except with the previous sanction of the Central Government or of the State Government."

For an offence under Section 197 BNS, Section 217(2) BNSS requires sanction from a wider set of authorities:

"(a) any offence punishable under section 197 or sub-section (2) or sub-section (3) of section 353... except with the previous sanction of the Central Government or of the State Government or of the District Magistrate."

Section 196(1)(a) CrPC required identical sanction (Central or State Government) for a Section 153A prosecution, and Section 196(1A) CrPC required identical sanction (Central Government, State Government, or District Magistrate) for a Section 153B prosecution. On the text read, the sanction architecture has been carried forward unchanged in substance, with sections renumbered.

What changed — and what did not

• Identical: The offence definitions and punishment bands in Section 196(1)-(2) BNS track Section 153A(1)-(2) IPC almost word for word, and Section 197(1)(a)-(c), (2) BNS tracks Section 153B(1)-(2) IPC the same way.
• Expanded: Section 196(1)(a) BNS and the opening words of Section 197(1) BNS name "electronic communication" as an explicit means of commission, where Section 153A(1)(a) and Section 153B(1) IPC relied on the general phrase "or otherwise."
• Identical: The sanction requirement structure — Central/State Government sanction for the "base" offence (153A/196), and Central/State Government/District Magistrate sanction for the "national-integration" offence (153B/197) — is unchanged, only renumbered from CrPC 196(1)/(1A) to BNSS 217(1)/(2).
• Identical: Both offences remain cognizable, non-bailable, and triable by a Magistrate of the first class, on the CrPC and BNSS First Schedule entries read.
• New provision (separate offence, not part of 196/197's carried-forward text): Section 197(1)(d) BNS adds a fourth limb — publishing false or misleading information jeopardising India's sovereignty, unity, integrity or security — with no counterpart in Section 153B IPC.

Which law applies to your case

If the words, act or post occurred before 1 July 2024, Section 153A or 153B IPC governs, not Section 196 or 197 BNS. Section 358(2) BNS preserves this: the repeal of the IPC does not affect "any penalty, or punishment incurred in respect of any offences committed against the Code so repealed," and such a proceeding "may be instituted, continued or enforced... as if that Code had not been repealed." For the full rule on pending proceedings, appeals and evidence, see Which law applies to an offence committed before 1 July 2024.

Practical checklist

For the person affected or accused:

• Note the exact date of the post, statement or act — this fixes whether Section 153A/153B IPC or Section 196/197 BNS governs.
• Preserve the content as posted (screenshots, URLs, timestamps) since the means of commission — words, signs, or electronic communication — is a fact the charging section turns on.
• Confirm whether the alleged conduct occurred at a place of worship or religious assembly — this determines whether the three-year or five-year band applies.

For the advocate:

• Verify that the prosecuting authority has obtained the sanction required by Section 217(1) or (2) BNSS (or the corresponding CrPC 196 provision for pre-1 July 2024 conduct) before the court takes cognizance — absence of sanction goes to the court's jurisdiction to proceed.
• Distinguish Section 196 BNS (enmity between groups) from Section 197 BNS (imputations on constitutional loyalty/citizenship rights) — they carry different sanctioning authorities under Section 217 BNSS.
• Where the alleged means is electronic communication and the conduct predates 1 July 2024, do not assume Section 196(1)(a) BNS's explicit electronic-communication language applies — check whether the same conduct fell within Section 153A IPC's "or otherwise" residual clause instead.

Frequently asked questions

What replaced Section 153A IPC under the new criminal law?

Section 196 of the Bharatiya Nyaya Sanhita, 2023 (BNS). It punishes promoting disharmony or enmity between religious, racial, language or regional groups or castes or communities with imprisonment up to three years, fine, or both — the same punishment IPC Section 153A carried — and up to five years plus fine if the act happens at a place of worship or religious assembly, again matching Section 153A(2) IPC exactly.

Does Section 196 BNS cover social media posts?

Yes. Section 196(1)(a) BNS lists "through electronic communication" as one of the means by which the offence can be committed, in addition to words, signs and visible representations. Section 153A IPC's text did not name electronic communication as a means, though it did use the open-ended phrase "or otherwise."

Can police prosecute a Section 196 BNS case without government permission?

No. Section 217(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), states that no court shall take cognizance of an offence under section 196 of the BNS except with the previous sanction of the Central Government or the State Government. Section 196(1)(a) of the Code of Criminal Procedure, 1973 (CrPC) required the identical sanction, from the identical two authorities, for a prosecution under Section 153A IPC.

What is Section 197 BNS and how is it different from Section 196?

Section 197 BNS punishes imputations or assertions that a group of people cannot be loyal to the Constitution, or that a group should be denied its rights as citizens, or an appeal that is likely to cause enmity between that group and others — replacing Section 153B IPC, at the same three-year (five-year at a place of worship) punishment. Like Section 196, Section 197(1) BNS names "through electronic communication" as a means, which Section 153B(1) IPC did not; it also adds a fourth limb, clause (d), for publishing false or misleading information that jeopardises India's sovereignty, unity, integrity or security; that new clause is covered in this guide's companion article on false statements and fake news.

Is the punishment for promoting enmity higher under the new law?

No. On the text read, the punishment band for Section 196 BNS (three years, or five years at a place of worship, with the same fine structure) is identical to Section 153A IPC. The change on this text is in the means of commission, not the sentence.

Does the offence require proving intent to harm anyone specifically?

Section 196(1)(a) BNS punishes a person who "promotes or attempts to promote" disharmony or enmity on the listed grounds — the same formulation as Section 153A(1)(a) IPC. Neither section, on its text, requires proof of harm to a named victim; the offence is complete on promoting or attempting to promote the prohibited disharmony or enmity.

Related on Veritect

• Which law applies to an offence committed before 1 July 2024
• Spreading False Statements or Rumours: Section 353 BNS vs Section 505 IPC
• Offences Relating to Religion: Section 298-302 BNS vs Section 295-298 IPC
• IPC to BNS: Complete Section Mapping
• Sedition Abolished — Section 124A IPC Removed, What Replaced It
• Section 153A IPC vs Section 196 BNS — Promoting Enmity Between Different Groups
• Section 153B IPC vs Section 197 BNS — Imputations Prejudicial to National Integration

Statutory sources

• Indian Penal Code, 1860 — Sections 153A, 153B (repealed w.e.f. 1 July 2024)
• Bharatiya Nyaya Sanhita, 2023 — Sections 196, 197, 358
• Code of Criminal Procedure, 1973 — Section 196 and First Schedule entries for sections 150-153B (repealed w.e.f. 1 July 2024)
• Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 217, 531, and First Schedule entries for sections 196-197 (Gazette of India, CG-DL-E-25122023-250884)

This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.