Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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.
Brief Detail
BNS Section 197 deals with actions that harm national integration. It includes making or publishing statements that undermine the allegiance to the Constitution or deny the rights of any class of citizens based on religion, race, language, etc. It also covers spreading false information that threatens the country's unity and security. Punishments include imprisonment up to three years or fine, with stricter penalties for such acts committed in places of worship or during religious gatherings.
Question & Answers
Q1: What types of actions are considered prejudicial to national integration under BNS Section 197?
A1: Actions such as making or publishing statements that question the loyalty of a particular class to the Constitution, deny their rights as citizens, or spread false information that harms India's unity and security are considered prejudicial under BNS Section 197.
Q2: What is the punishment for committing an offence under Section 197 in a place of worship?
A2: The punishment for committing an offence under Section 197 in a place of worship or during a religious assembly can extend to five years of imprisonment and a fine.
Q3: Are electronic communications included in the scope of BNS Section 197?
A3: Yes, electronic communications are explicitly mentioned as a medium through which actions prejudicial to national integration can be committed under Section 197.
Example
Example Scenario:
If an individual posts on social media that a specific religious group cannot be trusted to uphold the Constitution of India, and this leads to tensions or hostility between communities, they can be charged under BNS Section 197.
Summary
BNS Section 197 aims to preserve national integration by penalizing actions that cause disharmony or deny the rights of citizens based on religion, race, language, or other similar grounds. It covers various forms of communication and has provisions for stricter punishment if such actions occur in places of worship or during religious events.
