BNS Section 178 - Promoting Enmity Between Groups
Whoever by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities.
Official Text
“Whoever by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities.”
Legal Analysis
Elements to Prove:
- Words, signs, or representations.
- Promoting disharmony or enmity.
- On grounds of religion, race, etc.
Potential Defenses:
- Freedom of speech.
- No intent to promote enmity.
- Truth and public interest.
Practical Examples
What Constitutes the Offense:
Hate speech on social media, inflammatory religious content, divisive political rhetoric.
What Doesn't Constitute:
Academic discussions, legitimate criticism, or factual reporting.
Punishment
Imprisonment up to 3 years, and Fine