● Modified in BNS
Promoting enmity between groups on grounds of religion, race, language or similar grounds, or doing acts prejudicial to communal harmony, carries up to 3 years' imprisonment (up to 5 years if committed in a place of worship) under BNS Section 196. The offence itself is unchanged from IPC 153A; BNS adds "or through electronic communication" as an explicitly named mode of commission, which the IPC text did not have.
Section 153A(1) IPC punished, in three limbs: promoting or attempting to promote disharmony or enmity, hatred or ill-will between religious, racial, language or regional groups, castes or communities, by words, signs, visible representation or otherwise; committing an act prejudicial to harmony between such groups that disturbs or is likely to disturb public tranquillity; or organising or participating in a drill or exercise intending or knowing that participants will be trained to use criminal force against such a group. Sub-section (2) raised the punishment to 5 years and fine if committed in a place of worship or religious assembly.
BNS Section 196 reproduces all three limbs and both sub-sections essentially unchanged, with one addition: the first limb's modes of commission extend from "by words, spoken or written, or by signs or visible representations or otherwise" to explicitly include "or through electronic communication" -- a phrase IPC 153A's own text never contained.
The three-limb offence and its structure are unchanged. The one verified textual addition is that electronic communication is now explicitly named as a mode of commission, where it previously would only have fallen (if at all) under the residual "or otherwise" language.
Sub-section (1): imprisonment up to 3 years, or fine, or both. Sub-section (2) (offence in a place of worship or religious assembly): imprisonment up to 5 years, and fine..
IPC 153A is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 153A are tried before the Magistrate of the First Class..
Common defences include absence of the requisite intent or knowledge to promote enmity or disturb harmony, and that the statement or act was a good-faith comment on a matter of public interest without that intent.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons