BBanaka

BNS Section 353: Statements conducing to public mischief

Bharatiya Nyaya Sanhita, 2023 · Chapter 19: Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc - Of defamation

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353.
(1) Whoever makes, publishes or circulates any statement, false information, rumour, or report, including through electronic means—

(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or

(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(2) Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(3) Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

Exception.—It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, false information, rumour or report, has reasonable grounds for believing that such statement, false information, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid.

Study: explanations and related material

Replaces IPC 505. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

353(1)False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace.

Punishment
Imprisonment for 3 years, or fine, or both.
Cognizable or not
Non‑cognizable
Bailable or not
Non‑bailable
Triable by
Any Magistrate

353(2)False statement, rumour, etc., with intent to create enmity, hatred or ill-will between different classes.

Punishment
Imprisonment for 3 years, or fine, or both.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Any Magistrate

353(3)False statement, rumour, etc., made in place of worship, etc., with intent to create enmity, hatred or ill-will.

Punishment
Imprisonment for 5 years and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Any Magistrate

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 188. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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