Haldwani Kotwali police registered an FIR against Congress leader Rahul Gandhi. The complainant, Amit Kumar, belongs to a Scheduled Caste. He accused Gandhi of hurting Scheduled Class sentiments. The case follows a purification ritual held after a Congress rally in Haldwani. Gandhi had questioned that ritual and called it anti-Dalit.
Amit alleged that Gandhi’s remarks hurt Scheduled Class sentiments. Police invoked BNS Sections 196 and 299 against Gandhi. They also added Section 3(1)(Q) under the SC-ST Act, 1989.
What Does BNS Section 196 Cover?
BNS Section 196 deals with attempts to create hatred between two communities. Authorities can invoke it when someone allegedly creates hostility between communities. The provision also covers attempts involving enmity, hatred or ill-will.
Police commonly use this section in allegations involving communal violence. The provision carries a minimum three-year sentence after conviction. Additionally, Section 196 remains non-bailable.
What Does BNS Section 299 Say?
BNS Section 299 also remains non-bailable. Authorities can use it when speech, videos or articles allegedly provoke violence against religion or community. The provision also covers attempts to provoke such violence. However, the Supreme Court discussed its application in 2025.
In Imran Pratapgarhi versus Gujarat Government, the court said something important. If speech creates no visible impact, hurt feelings alone cannot trigger this section. The provision also carries a three-year sentence.
What Is SC-ST Act Section 3(1)(Q)?
The FIR also invokes Section 3(1)(Q) under the SC-ST Act. This provision concerns knowingly providing false information against a Dalit or tribal person. Such information must target police or officials for action against that person. The provision applies when that person faces a resulting threat from official action. This section also carries non-bailable status.
What Punishment Does Section 3(1)(Q) Carry?
A conviction under this provision can bring a minimum six-month sentence. Meanwhile, the maximum punishment can reach five years. Therefore, the FIR contains three non-bailable provisions with different legal scopes and punishments.
