Hate crimePossibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
BNS s. 196(1) — Promoting enmity between groups / acts prejudicial to harmonyPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 3 years
- Fine
- Fine (amount not fixed in section)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Covers (a) promoting or attempting to promote disharmony or feelings of enmity, hatred or ill-will between religious, racial, language or regional groups, castes or communities on grounds of religion, race, place of birth, residence, language, caste, community or any other ground; (b) any act prejudicial to harmony that disturbs or is likely to disturb public tranquillity; (c) organising/participating in a drill-type activity intending/likely to train or use criminal force or violence against such a group, causing or likely to cause fear, alarm or insecurity. Includes electronic communication.
BNS s. 196(2) — s. 196(1) offence committed in a place of worship or religious assemblyPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 5 years
- Fine
- Fine (amount not fixed in section; fine mandatory — 'shall also be liable')
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Same conduct as s. 196(1) committed in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies.
BNS s. 197(1) — Imputations, assertions prejudicial to national integrationPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 3 years
- Fine
- Fine (amount not fixed in section)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Covers imputations that a class cannot bear true faith/allegiance to the Constitution or uphold India's sovereignty/integrity; asserting a class be denied/deprived of rights as citizens; assertions about a class's obligations causing or likely to cause disharmony/enmity/hatred/ill-will; and publishing false or misleading information jeopardising India's sovereignty, unity, integrity or security. Includes electronic communication.
BNS s. 197(2) — s. 197(1) offence committed in a place of worship or religious assemblyPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 5 years
- Fine
- Fine (amount not fixed in section; fine mandatory — 'shall also be liable')
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Same conduct as s. 197(1) committed in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies.
BNS s. 298 — Injuring or defiling place of worship with intent to insult religion of any classPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 2 years
- Fine
- Fine (amount not fixed in section)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
BNS s. 299 — Deliberate and malicious acts intended to outrage religious feelings of any classPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 3 years
- Fine
- Fine (amount not fixed in section)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Requires deliberate and malicious intention of outraging the religious feelings of a class of citizens of India, by words, signs, visible representations, electronic means or otherwise insulting or attempting to insult the religion or religious beliefs of that class.
BNS s. 300 — Disturbing religious assemblyPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 1 year
- Fine
- Fine (amount not fixed in section)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
BNS s. 301 — Trespassing on burial places, etc.; indignity to corpse; disturbing funeral ceremoniesPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 1 year
- Fine
- Fine (amount not fixed in section)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
BNS s. 302 — Uttering words, etc., with deliberate intent to wound religious feelings of any personPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 1 year
- Fine
- Fine (amount not fixed in section)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Requires deliberate intention to wound the religious feelings of a specific person, by word, sound, gesture or object in that person's hearing/sight. WARNING: BNS s. 302 is NOT murder — IPC s. 302 (murder) maps to BNS s. 103. Do not use IPC numbering.
BNS s. 103(2) — Murder by a group of 5+ acting in concert on a bias ground (mob lynching)Possibly — unconfirmed
- Imprisonment
- Death or imprisonment for life
- Fine
- Fine (amount not fixed in section)
Group of five or more persons acting in concert committing murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground; each member punished as stated. This is the BNS's distinct bias-ground murder provision — it is NOT a general 'hate crime' enhancement for ordinary murder, which remains s. 103(1).
BNS s. 117(4) — Grievous hurt by a group of 5+ acting in concert on a bias groundPossibly — unconfirmed
- Imprisonment
- 0 (no mandatory prison) – 7 years
- Fine
- Fine (amount not fixed in section)
0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.
Group of five or more persons acting in concert causing grievous hurt to a person on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground; each member guilty of causing grievous hurt and punished as stated.
SC/ST (Prevention of Atrocities) Act, 1989, s. 3(1) — Listed atrocities incl. s. 3(1)(r) insult/intimidation to humiliate in public viewPossibly — unconfirmed
- Imprisonment
- 6 months–5 years
- Fine
- Fine (amount not fixed in section; fine mandatory)
Applies only where the offender is not a member of a Scheduled Caste or Scheduled Tribe and the victim is. S. 3(1) lists the atrocities (including s. 3(1)(r): intentionally insulting or intimidating with intent to humiliate a member of an SC/ST in any place within public view), all punishable within this single range. Graver s. 3(2) tiers (including life imprisonment) are NOT enumerated here; s. 3(2)(v) in reproductions still quotes 'Indian Penal Code' wording and its BNS adaptation is unverified, so it is deliberately not stated as a tier.
No single 'hate crime' penalty range exists. Each tier below is a separate offence with its own statutory range; do not add tiers together. In BNS ss. 103(2), 117(4), 196, 197 and 298-302 the fine amount is not fixed in the section — the court fixes it. In SC/ST Act s. 3(1) a fine is mandatory but its amount is not fixed in the section.