Section 153B IPC vs Section 197 BNS — Imputations Prejudicial to National Integration

In India, Section 197 of the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced Section 153B of the Indian Penal Code, 1860 (IPC) on 1 July 2024. Its three original limbs are carried over unchanged, a new clause (d) punishes false or misleading information jeopardising India's sovereignty, unity, integrity or security, and punishments stay at three and five years.

At a glance

The CrPC First Schedule classified both limbs of Section 153B IPC as cognizable (the "Ditto" traces to the Section 150 row), non-bailable (tracing to the Section 153A row) and triable by a Magistrate of the first class. The printed words "Magistrate of the first class" in the Section 153B row were substituted for "Ditto" by Act 25 of 2005, which the India Code text marks "date yet to be notified"; the original "Ditto" traces through the Section 153A rows to "Magistrate of the first class" in the Section 153 row, so the result is the same. The classification is unchanged. Neither Section 320 CrPC nor Section 359 BNSS lists the offence, so it is not compoundable.

What changed

• Minor edit — modes: "by words either spoken or written or by signs or by visible representations or otherwise" becomes "by words either spoken or written or by signs or by visible representations or through electronic communication or otherwise". Section 196 BNS (formerly 153A IPC) uses the same new phrase.
• Minor edit — clauses (a), (b) and (c): the words of Section 153B(1)(a) to (c) are repeated. Only the connecting punctuation changes (", or" becomes "; or"), and clause (c) now ends "; or" to lead into clause (d).
• New — clause (d): "makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India". There was no counterpart in Section 153B.
• Minor edit — sub-section (2): "an offence specified in sub-section (1), in any place of worship" loses the comma after "sub-section (1)"; no word changes.
• Identical — punishment: "imprisonment which may extend to three years, or with fine, or with both" for sub-section (1); "imprisonment which may extend to five years and shall also be liable to fine" for sub-section (2). Neither Act says "of either description" here.
• Identical — marginal heading: "Imputations, assertions prejudicial to national integration."
• Renumbered — procedure: sanction moves from Section 196(1A) CrPC to Section 217(2) BNSS; the forfeiture power for publications from Section 95 CrPC to Section 98 BNSS; security for good behaviour from Section 108 CrPC to Section 127 BNSS.

Statutory text (relevant extract)

Extract, Section 153B(1) IPC, opening words and clause (a) (repealed from 1 July 2024):

(1) Whoever, by words either spoken or written or by signs or by visible representations 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

Extract, Section 197(1) BNS, opening words and clause (d):

(1) Whoever, by words either spoken or written or by signs or by visible representations or through electronic communication or otherwise,— … (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.

How it works — the ingredients

Every limb of Section 197(1) needs a mode — words spoken or written, signs, visible representations, electronic communication, or otherwise. Each clause then has its own conduct element.

1. Clause (a) — imputation of disloyalty: making or publishing an imputation that a class of persons cannot, because they belong to a religious, racial, language or regional group, caste or community, bear true faith and allegiance to the Constitution or uphold the sovereignty and integrity of India.
2. Clause (b) — denial of rights: asserting, counselling, advising, propagating or publishing that a class of persons shall, for that reason, be denied or deprived of their rights as citizens of India.
3. Clause (c) — appeals about obligations: making or publishing an assertion, counsel, plea or appeal concerning the obligation of a class of persons, for that reason, which causes or is likely to cause disharmony or feelings of enmity, hatred or ill-will between them and other persons. Only clause (c) carries an express effect element.
4. Clause (d) — false or misleading information: making or publishing information that is false or misleading and that jeopardises the sovereignty, unity and integrity or security of India. On a reading of the text, clause (d) does not require that any group be targeted.
5. Sub-section (2) — aggravated place: any offence under sub-section (1) committed in a place of worship or in an assembly engaged in religious worship or ceremonies.

Neighbouring offences:

• Section 196 BNS (formerly 153A IPC) — promoting enmity between groups; acts prejudicial to harmony; organising drills or training for violence against a group.
• Section 353 BNS (formerly 505 IPC) — statements, false information, rumours or reports causing mutiny, public fear or incitement between classes; see the Section 505 IPC vs Section 353 BNS page.
• Section 152 BNS — act endangering sovereignty, unity and integrity of India (by excitement of secession, armed rebellion or subversive activities, among other things); see the sedition page under Related.

What this means in practice

For the complainant

• The offence is cognizable. Because the maximum under sub-section (1) is three years and under sub-section (2) five years, Section 173(3) BNSS applies: with the prior permission of an officer not below the rank of Deputy Superintendent of Police, the officer in charge may hold a preliminary enquiry "within a period of fourteen days". In Imran Pratapgadhi, the Supreme Court said that for offences under laws covered by Article 19(2) it is "always appropriate" to do so where Section 173(3) applies (para 42(v)).
• The complaint should reproduce the words, post or material relied on; the officer must read them to decide whether a cognizable offence is made out (Imran Pratapgadhi, para 26).

For the accused and defence advocate

• No court may take cognizance without the previous sanction of the Central Government, the State Government or the District Magistrate (Section 217(2)(a) BNSS). The District Magistrate's power to sanction applies to Section 197 and to Section 353(2) and (3), but not to Section 196 or Section 299, which need government sanction under Section 217(1).
• Each clause has a distinct element. For clauses (a) to (c), ask whether any religious, racial, language or regional group, caste or community is identified. For clause (d), ask whether the information is shown to be false or misleading and to jeopardise sovereignty, unity, integrity or security.
• For sub-section (1), no court may take cognizance after three years (Section 514(2)(c) BNSS); sub-section (2), with a five-year maximum, falls outside Section 514.

For publishers and platforms

• Under Section 98 BNSS, the State Government may, by notification stating its grounds, declare forfeited any newspaper issue, book or document containing matter whose publication is punishable under Section 197 BNS; Section 99 allows a challenge in the High Court within two months of the Gazette publication.
• Under Section 127(1) BNSS, an Executive Magistrate may require a person who intentionally disseminates such matter to show cause why a bond for good behaviour for a period "not exceeding one year" should not be ordered.

Judgments that still matter

Ramesh S/o Chotalal Dalal v. Union of India & Ors., [1988] 2 S.C.R. 1011 (1988 INSC 44) — 16 February 1988. A petition under Article 32 sought to stop the telecast of the serial "Tamas", depicting communal violence before Partition. The petitioner relied on Section 153A and drew attention to Section 153B, submitting that "the serial is prejudicial to the national integration". In the judgment of the Court delivered by Sabyasachi Mukharji J. (with S. Ranganathan J.), the Court adopted the yardstick that the effect of the words must be judged "from the standards of reasonable, strong-minded, firm and courageous men, and not those of weak and vacillating minds", rejected the contentions and dismissed the petition and the connected special leave petition. The report does not show paragraph numbers.

Imran Pratapgadhi v. State of Gujarat and Anr., [2025] 3 S.C.R. 1309 (2025 INSC 410) — 28 March 2025. Abhay S. Oka and Ujjal Bhuyan JJ. (judgment authored by Oka J.) quashed an FIR registered under Sections 196, 197(1), 299, 302, 57 and 3(5) BNS over a poem recited in the background of a video posted by a Member of the Rajya Sabha. Reading the poem, the Court concluded that "By no stretch of imagination, the contents affect national integration" and that it "does not jeopardise the sovereignty, unity, integrity or security of India" (para 10). Taking Section 197 clause by clause, it found no imputation, no concern with any group, no suggestion of denial of citizens' rights, no appeal likely to cause enmity, and no false or misleading information (para 16). It applied the "reasonable, strong-minded, firm and courageous individuals" standard to Section 196 (paras 33, 42(vi)), set aside the High Court's order and quashed the FIR (para 44).

Which law applies to your case

Section 358(2) BNS keeps alive any penalty or punishment incurred under the IPC and lets proceedings be instituted, continued or enforced "as if that Code had not been repealed"; on a reading of that provision, conduct before 1 July 2024 is charged under Section 153B IPC, and pending cases continue under the CrPC (Section 531(2)(a) BNSS). Article 20(1) of the Constitution provides that no person shall be convicted "except for violation of a law in force at the time of the commission of the Act charged as an offence"; on a reading of that Article, conduct before 1 July 2024 that falls only within new clause (d) cannot be punished under it. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNS equivalent of Section 153B IPC? Section 197 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 153B IPC from 1 July 2024. Sub-section (1) punishes imputations and assertions prejudicial to national integration with imprisonment up to three years, or fine, or both; sub-section (2) raises the maximum to five years with fine where the offence is committed in a place of worship or a religious assembly.

What is new in Section 197 BNS? Clause (d) of Section 197(1) is new. It covers a person who makes or publishes false or misleading information jeopardising the sovereignty, unity and integrity or security of India. Section 197 also adds "through electronic communication" to the modes of the offence. Clauses (a) to (c) repeat Section 153B(1)(a) to (c) IPC.

Does Section 197(1)(d) BNS require a reference to a religious or other group? Not on its words. Clauses (a) to (c) of Section 197(1) turn on a class of persons being targeted "by reason of their being members of any religious, racial, language or regional group or caste or community". Clause (d) contains no such element; it turns on false or misleading information jeopardising the sovereignty, unity and integrity or security of India. This is a reading of the text; no judgment construing clause (d) in detail was read.

Is Section 197 BNS bailable? No. The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 lists both Section 197(1) and Section 197(2) BNS as cognizable and non-bailable, triable by a Magistrate of the first class. The CrPC First Schedule classified both limbs of Section 153B IPC the same way.

Who must sanction a prosecution under Section 197 BNS? Under Section 217(2) BNSS, no court may take cognizance of an offence under Section 197 BNS, or of a criminal conspiracy to commit it, except with the previous sanction of the Central Government, the State Government or the District Magistrate. Section 196(1A) CrPC imposed the same requirement for Section 153B IPC. A preliminary investigation by a police officer not below the rank of Inspector may be ordered first under Section 217(4).

How is Section 197 BNS different from Section 196 BNS? Section 196 BNS (formerly 153A IPC) punishes promoting enmity, hatred or ill-will between different groups and acts prejudicial to harmony between them. Section 197 BNS (formerly 153B IPC) targets imputations that a group cannot be loyal to the Constitution, assertions that a group should lose citizens' rights, appeals about a group's obligations likely to cause enmity, and now false or misleading information jeopardising India's sovereignty, unity, integrity or security. Section 196 needs government sanction under Section 217(1) BNSS; Section 197 may also be sanctioned by the District Magistrate under Section 217(2).

What did the Supreme Court say about Section 197 BNS in Imran Pratapgadhi? In Imran Pratapgadhi v. State of Gujarat (2025 INSC 410), the Supreme Court quashed an FIR that invoked Section 197(1) BNS over a poem recited in a video. It found that the poem made no imputation, was not concerned with any group, suggested no denial of citizens' rights, made no appeal likely to cause enmity, and did not publish false or misleading information (para 16).

Which law applies to conduct before 1 July 2024? Section 358(2) BNS saves penalties and proceedings under the IPC "as if that Code had not been repealed", so, on a reading of that provision, conduct before 1 July 2024 is charged under Section 153B IPC. Article 20(1) of the Constitution bars conviction except for violation of a law in force at the time, so, on a reading of that Article, conduct before that date cannot be punished under the new clause (d) of Section 197(1).

Related

• Section 153A IPC vs Section 196 BNS — Promoting Enmity
• Hate speech and promoting enmity — BNS 196 vs IPC 153A
• Fake news and false statements — BNS 353 and 197 vs IPC 505
• Section 124A IPC — sedition abolished under BNS
• Section 295A IPC vs Section 299 BNS — Outraging Religious Feelings
• IPC to BNS master table
• Sections 95–96 CrPC vs Sections 98–99 BNSS — Forfeiture of Publications and Challenge in the High Court
• Sections 106–110 CrPC vs Sections 125–129 BNSS — Security for Keeping the Peace and for Good Behaviour

Sources

• Bharatiya Nyaya Sanhita, 2023 (Gazette text): Sections 196, 197, 353 and 358.
• Indian Penal Code, 1860 (India Code text): Sections 153A and 153B (with amendment footnote).
• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 98, 99, 127, 173, 217, 359, 514 and 531, and the First Schedule entries for Section 197(1) and (2) BNS.
• Code of Criminal Procedure, 1973: Sections 95, 108 and 196 (with amendment footnotes), and the First Schedule entries for Section 153B IPC.
• Constitution of India: Article 20(1).
• Judgments read in full text: Ramesh S/o Chotalal Dalal v. Union of India (1988_2_1011_1024_EN.md); Imran Pratapgadhi v. State of Gujarat (2025_3_1309_1349_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.