● Modified in BNS
Making imputations that a group cannot be loyal to the Constitution, or that it should be denied citizenship rights, or assertions likely to cause enmity between groups, carries up to 3 years' imprisonment under BNS Section 197 -- with the same offence carried over from IPC 153B, plus an explicit electronic-communication mode of commission, and an entirely new clause criminalising publishing false or misleading information that jeopardises India's sovereignty, unity, integrity or security, with no counterpart in the old IPC text.
Section 153B(1) IPC punished, by words, signs, visible representation or otherwise: making or publishing an imputation that a class of persons cannot bear true faith and allegiance to the Constitution or uphold India's sovereignty and integrity, by reason of their membership in a religious, racial, language or regional group or caste or community; asserting or propagating that such a class should be denied their rights as citizens; or making an assertion about the obligations of such a class likely to cause enmity or hatred between them and others -- punishable with imprisonment up to 3 years, or fine, or both. Sub-section (2) raised the punishment to 5 years and fine if committed in a place of worship or religious assembly.
BNS Section 197 reproduces clauses (a)-(c) and both sub-sections with the same "or through electronic communication" addition as BNS 196. It also adds a new clause, 197(1)(d), with no IPC 153B counterpart: "makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India." This clause stands independently of the "class of persons" framing running through clauses (a)-(c).
Clauses (a)-(c) carry over with only the added electronic-communication mode of commission. The clearly substantive change is new clause 197(1)(d), a freestanding provision criminalising the publication of false or misleading information jeopardising India's sovereignty, unity, integrity or security -- text that does not appear anywhere in IPC 153B.
Sub-section (1), including clause (d): 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 153B is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 153B are tried before the Magistrate of the First Class..
Common defences include absence of the requisite intent or likely effect described in the specific clause charged, and that the statement was true or made in good faith without knowledge of its falsity.
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