Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 196: 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.
Brief Detail
BNS Section 196 addresses the issue of promoting enmity between different groups based on religion, race, language, place of birth, etc., through any means such as spoken or written words, signs, or electronic communication. The section also covers acts that disturb public tranquility or create fear and insecurity among communities. The punishment includes imprisonment up to three years, and in certain cases, up to five years, along with fines.
Question & Answers
Q1: What are the actions that can lead to punishment under BNS Section 196?
A1: Actions such as promoting disharmony, enmity, or hatred between different groups based on religion, race, language, or any other ground through words, signs, or electronic communication can lead to punishment under BNS Section 196.
Q2: What is the maximum punishment for promoting enmity in a place of worship?
A2: The maximum punishment for promoting enmity in a place of worship or during a religious ceremony is imprisonment up to five years along with a fine.
Q3: Are there specific activities that are considered harmful under this section?
A3: Yes, activities such as organizing exercises or drills intending to use criminal force or violence against any group, or participating in such activities, are considered harmful under this section and can lead to punishment.
Example
Example Scenario:
If a person uses social media to post messages that incite hatred between different religious groups, and this leads to public unrest or fear among communities, they can be prosecuted under BNS Section 196 for promoting enmity.
Summary
BNS Section 196 aims to prevent and punish actions that promote enmity and hatred between different groups based on various grounds. It seeks to maintain social harmony by penalizing such acts with imprisonment and fines, especially when these actions occur in places of worship or during religious gatherings.
