IPC 153A → BNS 196: Promoting Enmity

IPC 153A (now BNS 196): Promoting Enmity Between Different Groups

IPC Section 153A punishes the promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language and the like, and acts prejudicial to the maintenance of harmony. From 1 July 2024 it continues as Section 196 of the Bharatiya Nyaya Sanhita (BNS) 2023.

Punishment under BNS 196 (same as IPC 153A)

Imprisonment up to 3 years, or fine, or both. The punishment is unchanged from old IPC 153A.

What changed from IPC to BNS?

The numbering shifts from IPC 153A to BNS 196, and the provision is updated to expressly cover enmity promoted through digital and electronic communication — social-media posts, forwarded messages and online videos. New FIRs cite BNS 196.

Worked example

A circulates a doctored video on a messaging app falsely attributing a crime to a particular community, intending to inflame hatred against it. Because the act promotes enmity between groups and is now expressly covered even in its electronic form, it attracts BNS 196.

Practical notes

• For advocates: read BNS 196 alongside IPC 295A deliberate acts to outrage religious feelings (BNS 299) and IPC 505 statements conducing to public mischief (BNS 353), which frequently overlap in hate-speech charge-sheets.
• Mens rea — the intention or likelihood of promoting disharmony — is central; mere strong opinion without that intent is a key defence.