Section 197 BNS: Imputations and Assertions Prejudicial to National Integration

Section 197 of the Bharatiya Nyaya Sanhita, 2023 deals with specified imputations, assertions, appeals and false or misleading information that are prejudicial to national integration, constitutional allegiance, citizenship rights, communal harmony, sovereignty, unity, integrity or security of India.

Law in force: The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) came into force on 1 July 2024, except section 106(2). Section 197 is in force.

Text of Section 197 BNS

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.

Scope and Essential Ingredients of Section 197

Section 197 applies to words, whether spoken or written, signs, visible representations, electronic communications and other forms of communication. The particular ingredients depend on the clause invoked.

The provision addresses group-based imputations or assertions concerning constitutional allegiance and sovereignty, deprivation of citizenship rights, statements concerning obligations of members of specified groups that cause or are likely to cause disharmony, and false or misleading information that jeopardises India's sovereignty, unity, integrity or security.

Context is material: Section 197 is not framed as a general prohibition on criticism or disagreement. The prosecution must establish the specific statutory ingredients of clause (a), (b), (c) or (d), as applicable, from the communication and its context.

Explanation of Clauses (a) to (d)

Clause (a): Allegiance to the Constitution and sovereignty

Clause (a) concerns an imputation that a class of persons cannot, because of membership in a specified religious, racial, language or regional group, caste or community, bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrity of India.

Clause (b): Rights as citizens of India

Clause (b) covers asserting, counselling, advising, propagating or publishing that a class of persons should be denied or deprived of their rights as citizens of India because of membership in a specified group, caste or community.

Clause (c): Group obligations and disharmony

Clause (c) concerns an assertion, counsel, plea or appeal about the obligation of a class of persons by reason of their group, caste or community membership where the communication causes, or is likely to cause, disharmony or feelings of enmity, hatred or ill-will between those members and other persons.

Clause (d): False or misleading information

Clause (d) covers making or publishing false or misleading information that jeopardises the sovereignty, unity and integrity or security of India.

Electronic communication

Section 197(1) expressly includes electronic communication. Digital publication may therefore fall within the provision when the other ingredients of the relevant clause are satisfied.

Punishment, Cognizability, Bail and Court

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies both forms of the offence under Section 197 as cognizable and non-bailable.

Provision	Offence	Punishment	Cognizable	Bailable	Triable by
Section 197(1)	Imputations or assertions prejudicial to national integration	Imprisonment up to 3 years, or fine, or both	Yes	No	Magistrate of the First Class
Section 197(2)	Commission of an offence under Section 197(1) in a place of worship or an assembly engaged in religious worship or ceremonies	Imprisonment up to 5 years and fine	Yes	No	Magistrate of the First Class

Previous Sanction Under Section 217 BNSS

Important procedural requirement: Under Section 217(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no court shall take cognizance of an offence punishable under Section 197 BNS except with the previous sanction of the Central Government, the State Government or the District Magistrate.

Section 217(2) also applies to a criminal conspiracy to commit the specified offence. Under Section 217(4), the competent authority may, before according sanction, order a preliminary investigation by a police officer not below the rank of Inspector, who then has the powers referred to in Section 174(3) BNSS.

Difference Between Section 197(1) and Section 197(2)

Section 197(1) contains the substantive forms of prohibited imputations, assertions, appeals and false or misleading information.
Section 197(2) applies where an offence specified in sub-section (1) is committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies.
The maximum imprisonment under sub-section (1) is three years.
The maximum imprisonment under sub-section (2) is five years, and the offender is also liable to fine.
Both offences are cognizable, non-bailable and triable by a Magistrate of the First Class.
Previous sanction under Section 217(2) BNSS is required before a court takes cognizance.

Official Resources

For authoritative statutory text and procedural requirements, consult the official Government of India sources below.

This page is intended as a general legal information resource. Application of Section 197 to a particular FIR, sanction order, bail proceeding or trial depends on the exact communication, context, evidence and other provisions invoked.