The Bhartiya Nyay Sanhita (BNS) 2023 brings updated legal provisions to replace the Indian Penal Code (IPC). One of its crucial sections is BNS Section 196: Promoting Enmity and Maintaining Harmony. This law plays a vital role in preventing hate speech and communal violence. It builds upon Section 153A of the IPC but expands its scope to include digital offenses.
BNS Section 196 Promoting Enmity and Maintaining Harmony
Section 196 of BNS 2023 criminalizes any act that promotes enmity between groups or disturbs public harmony. This ensures that individuals do not misuse their freedom of speech to spread hatred.
Key Provisions of BNS Section 196
- Offense by speech or action – Includes spoken or written words, signs, visual representations, or digital means.
- Promotion of enmity – Any act that spreads disharmony, hatred, or ill-will between communities.
- Disturbance of public peace – Any action likely to create unrest in society.
- Stricter punishment for offenses in religious places – If the offense occurs in a place of worship or during religious gatherings, the penalty is more severe.
Punishment Under BNS Section 196: Promoting Enmity and Maintaining Harmony
- Imprisonment up to 3 years, or a fine, or both.
- If committed in a place of worship, imprisonment up to 5 years and a fine.
Case Laws Relevant to BNS Section 196: Promoting Enmity and Maintaining Harmony
Indian courts have ruled on similar provisions under the IPC. These cases help in interpreting BNS Section 196.
1. Manzar Sayeed Khan v. State of Maharashtra (2007)
The Supreme Court ruled that mere criticism of a religion is not enough to attract punishment unless it incites violence or disrupts public harmony.
2. Pravasi Bhalai Sangathan v. Union of India (2014)
The court emphasized the need for strict action against hate speech, particularly when it threatens communal harmony.
3. State of Karnataka v. Praveen Bhai Togadia (2004)
This case highlighted that public speeches inciting enmity and violence can be restricted under the law.
4. Farooq Abdullah v. Union of India (2020)
The case reaffirmed that political speech is protected unless it actively incites hatred or violence.
Digital and Social Media Offenses Under BNS Section 196: Promoting Enmity and Maintaining Harmony
With the rise of social media, hate speech has become a pressing issue. Section 196 now includes digital platforms, holding individuals accountable for spreading hatred online.
Examples:
- A Facebook post targeting a religious community with false claims.
- A YouTube video encouraging violence against a linguistic group.
- A WhatsApp message designed to provoke caste-based riots.
Authorities can now take action against digital hate speech, making it harder for misinformation and communal incitement to spread.
Short Note
Section 196 is a law designed to protect communal peace. It applies to speeches, writings, online content, and other actions that incite hatred.
The punishment includes imprisonment for up to 3 years, increasing to 5 years if committed in religious places. This law ensures a balance between freedom of expression and the need for social stability.
Disclaimer
This article is for informational purposes only. It does not constitute legal advice. Laws may be interpreted differently based on specific cases and judicial precedents. Consult a legal expert for precise guidance.
Conclusion
Section 196 plays a key role in maintaining harmony in a diverse country like India. It addresses modern challenges, including digital hate speech, and ensures that public order is protected. While freedom of speech is valued, acts that incite violence and hatred are strictly penalized. Understanding this law helps build a peaceful and inclusive society.
