BNS Section 191 - Promoting Enmity Between Different 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:
- Promoting disharmony.
- On grounds of religion, race, caste, etc.
- Intent to create enmity.
Potential Defenses:
- Freedom of speech.
- No intent to promote enmity.
- Truth in public interest.
Practical Examples
What Constitutes the Offense:
Hate speech, inflammatory social media posts, divisive propaganda.
What Doesn't Constitute:
Political discourse, academic discussion, or legitimate criticism.
Punishment
Imprisonment up to 3 years, or Fine, or both