Imputations, assertions prejudicial to national integration
Section 197 of the Bharatiya Nyaya Sanhita, 2023 deals with imputations, assertions prejudicial to national integration. 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 cas The Act came into force on 01 Jul 2024.
(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.
Section 197, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 153B Imputations, assertions prejudicial to national integration Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Imputations, assertions prejudicial to national integration. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| If committed in a place of public worship, etc. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State(tr)central Bureau of Investigation vs Shri Kalyan Singh(former Cm of Up)
Decided under Indian Penal Code 153B, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The Supreme Court of India has the power under Article 142 of the Constitution to transfer criminal proceedings from one Special Court to another Special Court under the same High Court jurisdiction to achieve complete justice and remedy procedural defects, provided such transfer does not violate mandatory substantive provisions of law. In cases involving crimes that shake the secular fabric of the Constitution and where procedural defects have prevented a unified trial of accused persons charged with criminal conspiracy in the course of the same transaction, the Supreme Court can exercise this power to consolidate fragmented proceedings and ensure that all accused are tried together for the conspiracy charge, even if some had been previously discharged from separate proceedings. The absence of a non-obstante clause in the relevant statutory provision (Section 11(1) proviso of the Criminal Procedure Code) distinguishes this case from situations where such a clause exists, and therefore the transfer does not violate the fundamental right to appeal under Article 21 of the Constitution.
On this section: Imputations, assertions prejudicial to national integration - Applied to charges.
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Haji Mahboob Ahmad vs Kalyan Singh
Decided under Indian Penal Code 153B, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The Supreme Court of India has the constitutional power under Article 142 to transfer criminal proceedings from one court to another to remedy procedural defects and ensure complete justice, even when the High Court has statutory power under Section 407 of the Criminal Procedure Code to do so. This power can be exercised when crimes that shake the secular fabric of the Constitution have allegedly been committed and the accused persons have not been brought to book largely because of procedural defects and the conduct of the investigating agency. The transfer does not violate Article 21 of the Constitution because the procedure established by law itself contemplates such transfers under Section 407 of the Criminal Procedure Code, and the absence of a non-obstante clause in Section 11(1) proviso of the Criminal Procedure Code distinguishes this case from cases where substantive rights are infringed. Additionally, criminal conspiracy charges already contained in a joint charge sheet cannot be separated from the accused persons by discharging them, and all offences committed in the course of the same transaction to accomplish a conspiracy must be tried jointly.
On this section: Imputations, assertions prejudicial to national integration - applied to charges against the accused leaders
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Ranbir Yadav vs U. O. I
Decided under Indian Penal Code 153B, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The Court has authority to monitor and oversee executive action and policy implementation in matters of fundamental rights protection, including racial discrimination. International human rights conventions ratified by India inform the interpretation of constitutional guarantees against discrimination. While courts cannot mandate legislation, they can ensure that executive commitments to address human rights violations are effectively implemented through establishment of dedicated monitoring mechanisms and oversight committees. The protection of citizens from discrimination based on regional origin is within the scope of Article 15 of the Constitution, and the government has a constitutional obligation under Article 51A(e) to take affirmative steps to prevent such discrimination.
On this section: Imputations and assertions prejudicial to national integration - relevant for addressing discriminatory statements against north-eastern citizens
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Karma Dorjee vs U. O. I
Decided under Indian Penal Code 153B, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The Supreme Court of India has jurisdiction to issue guidelines and establish monitoring mechanisms to prevent racial discrimination and atrocities against citizens on grounds of regional origin, particularly those from north-eastern states. Such discrimination violates Article 15 of the Constitution and fundamental duty under Article 51A(e). India's ratification of the International Convention on Elimination of All Forms of Racial Discrimination requires interpretation of constitutional guarantees against discrimination in light of international human rights obligations. While the court cannot mandate legislative amendments, it can direct implementation of policy recommendations accepted by the government through a dedicated monitoring committee structure to ensure accountability and prevent systemic racial discrimination.
On this section: Imputations and assertions prejudicial to national integration. Applied to cases involving statements that class of persons cannot maintain faith to Constitution due to regional origin.
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Gangadhara Shastry vs State by Honnavara Police Station
Decided under Indian Penal Code 153B, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Proceedings against supplementary accused under Section 319 CrPC require more than prima facie case but short of conviction-level satisfaction. Mere professional advice by advocates or astrologers, family relationships, or general allegations of conspiracy without direct evidence of participation in the alleged extortion scheme do not constitute sufficient grounds to proceed against supplementary accused. Proceeding against such accused amounts to abuse of process of court and warrants quashing of proceedings under Section 482 CrPC. However, if during trial evidence surfaces against them meeting the Section 319 CrPC threshold, trial court may summon them.
On this section: Imputations, assertions prejudicial to national integration - dropped by Magistrate
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 197
What have the courts held on Section 197 of the Bharatiya Nyaya Sanhita?
State(tr)central Bureau of Investigation vs Shri Kalyan Singh(former Cm of Up) (19 Apr 2017) is the leading judgment on this section among those set out below, though it was decided under IPC 153B, which this section replaced -- the court never mentioned this Act: Imputations, assertions prejudicial to national integration - Applied to charges. Another 4 judgments on this section are set out below, 4 of them from the Supreme Court. They run from 2016 to 2019.
Is Section 197 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 197 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 197 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 197, section 197 BNS, section 197 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 197 1 and bns 197 1 d in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with State(tr)central Bureau of Investigation vs Shri Kalyan Singh(former Cm of Up) (19 Apr 2017).
What should I read with Section 197 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 153B (Imputations, assertions prejudicial to national integration), so the judgments decided under that provision are the case law on this one.
When did Section 197 of the Bharatiya Nyaya Sanhita come into force?
Section 197 of the Bharatiya Nyaya Sanhita, cited as BNS 197, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.